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^ a'V e 9 > '^ t ^ ■ 

LAWS AM) RKSOLUTIONS 


(lOVEUXING 



COM I*I LED KHOM 


THE REVISED STATUTES AND SUBSEQUENT ACTS, 


TOGF.TH^K WITH 


OPINIONS OF LAAV OFFICERS. 


PREPARED BY DIRECTION OF 

THE PUBLIC PRINT/ER. 


WASHINGTON: 

G O V K R N M K N T PRINTING OFFICE. 

1883 . 





















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TABLE OF CONTENTS. 


Page. 

The CoNGRESsioNAE Printer. 4 

The Puri.ic Printer. 5-11 

Materiai.'. 12-14 

Paper. I 4 ~i 7 

Engraving, Lithographing, eic . 17,18 

Employes. 19-23 

Printing and Binding. 23-72 

The Government Printing Office Building. 72-76 

Miscellaneous. 77-84 

Appropriations for Fiscal Year 1883-1884. 84-86 

Extracts from the Rules of the Senate. 87 

Extracts from the Rules of the House. 88-90 

Copies for Library of Congress. 91,92 

Extracts from Opinions of Attorneys-General. 93-98 

Extracts from Decisions of First Comptroller of the 
Treasury. 99-155 

Distribution of the usual number...156,157 

Index. ^ 59-^77 





















THE CONGRESSIONAL PRINTER. 


The Senate shall elect a person^ ivho must be a practical printer^ 
and versed in the art of book-binding, to take charge of and manage 
the Government Printing Office, He shall be deemed an officer of 
the Senate, and shall be called the ^Congressional Printer I'' —R. S. 

3758- 

That so much of the act entitled ^‘An act providing for the election 
of a Congressional Printerf approved February 22, 1867, as pro¬ 
vides for the election of such officer by the Senate, and provides that 
such officer shall be deemed an officer of the Senate, shall cease and 
determine and become of no effect from and after the date of the first 
7 ’acancy occurring in said office; that the title of said officer shall 
hereafter be Piblic Printer, and he shall be deemed an officer of the 
United States, and said office shall be filled by appointment by the 
President by and 7tnth the advice and consent of the Senate, —Sup. 
p. 44, June 20, 1874. 

That so much of all laias or parts of laius as provide for the elec¬ 
tion or appointment of Public Printer be, and the same a 7 'e hereby, 
repealed, to take effect front and after the passage of this act; and 
the President of the United States shall appoint, by and 7 L’ith the 
advice atid consetit of the Senate, a suitable person,^ 7aho must be a 
practical printer, and versed in the art of book-binding, to take charge . 
of and manage the Go 7 )ernment Printing Office from and after the 
date aforesaid; he shall be called the '‘Hublic Printerf and shall be 
vested 7 vith all the p 07 vei‘s atid subject to all the restrictions pertain¬ 
ing to the officer no 7 i) kno 7 un as the Public Printerhe shall give 
bond in the sum of $100,000 for the faithful performance of the 
duties of his office, said bond to be approved by the Secretary of the 
Interior, —Sup. p. 234, July 31, 1876. 

That the term '''‘Public Printerf a^ employed in that part of the 
act making appropriations for sundry civil expenses of the Govern¬ 
ment for the current fiscal year 7 idiich repeals all laius providing for 
the election or appointment of Public Piinter shall be construed as 
embtacing that officer, 7vh€ther kno7c>n as Congresiional Printer or 
Public Printer, —Sup. p. 243, Aug. 15, 1876. 


COMPILATION OF LAWS 


GOVERNIFG 

THE PUBLIC PRINTING AND BINDING. 


THE PUBLIC PRINTER. 

The President of the United States shall appoint, by and with 
the advice and consent of the Senate, a suitable person, who 
must be a practical printer, and versed in the art of book-binding, 
to take charge of and manage the Government Printing-Office.— 
R, S. 3758; Sup. p. 44, June 20, 1874; Ib. p. 234, July 31, 
1876; Ib.p. 243, Aug, 15, 1876. 

He shall be called the “ Public Printer,” and shall be vested 
with all the powers and subject to all the restrictions pertaining 
to the officer now known as the Public Printer.— R. S. 3758; 
Sup.p. 44, yune 20, 1874; Ib.p. 234, yuly 31, 1876; Ib.p. 243, 
Aug 15, 1876. 

He shall give bond in the sum of $100,000 for the faithful per¬ 
formance of the duties of his office, said bond to be approved by 
the Secretary of the Interior.— R. S. 3759; Sup. p. 234, yuly 31, 
1876. 

The Public Printer shall receive a salary at the rate of $4,500 
a year.— R. S. 3759 ; 22 Slat. L.p. 536, March 3, 1883. 

It shall be the duty of the Congressional Printer to purchase all 
materials and machinery which may be necessary for the Govern¬ 
ment Printing Office; to take charge of all matter which is to be 
printed, engraved, lithographed, or bound; to keep an account 
thereof in the order in which it is received, and to cause the work 
to be promptly executed; to superintend all printing and binding 
done at the Government Printing Office, and to see that the 
sheets or volumes are promptly delivered to the officer who is 



6 


authorized to receive them. The receipt of such officer shall be 
a sufficient voucher of their delivery.—i?. S. 3760. 

Neither the Congressional Printer, nor the Foreman of Print¬ 
ing, nor the Foreman of Binding, shall, during his continuance in 
office, have any interest, direct or indirect, in the publication of 
any newspaper or periodical, or in any printing, binding, engrav¬ 
ing, or lithographing of any kind, or in any contract for furnishing 
paper or other material connected with the puplic printing, bind¬ 
ing, lithographing, or engraving; and for every violation of this 
section, the party offending shall, on conviction before any court 
of competent jurisdiction, be imprisoned in the penitentiary for 
a term of not less than one nor more than five years, and shall 
be fined in the sum of $500.— J?. S. 3765. 

If the Congressional Printer shall, by himselt or through others, 
corruptly collude or have any secret understanding with any per¬ 
son to defraud the United States, or whereby the United States 
shall be made to sustain a loss contrary to the intent of the pro¬ 
visions of this title, he shall, on conviction thereof before any court 
of competent jurisdiction, forfeit his office, and be imprisoned in 
the penitentiary for a term of not less than three nor more than 
seven years, and fined in the sum of $3,000.— S. 3784. 

The forms and style in which the printing or binding ordered 
by any of the Departments shall be executed, the materials and 
size of type to be used, shall be determined by the Congressional 
Printer, having proper regard to economy, workmanship, and the 
purposes for which the work is needed.— S. 3790. 

Hereafter no binding shall be done for any Department of the 
Government except in plain sheep or cloth, and no books shall 
be printed and bound except when the same shall be ordered 
by Congress or are authorized by law, except record and account 
books, which may be bound in Russia leather, sheep fleshers, 
and skivers, when authorized by the head of a Department, and 
this restriction shall not apply to the Congressional Library, nor 
to the library of the Surgeon-General’s Office, nor to the library 
of the Patent Office, nor to the library of the Department of 
State.— Slip, p. 381, yune 20, 1878; Ib. p, 397, yan, 27, 1879; 
Ib. 420, Feb. 26, 1879. 


7 


Whenever Congress makes an appropriation for any Depart¬ 
ment or public office, to be expended “ for printing and binding 
to be executed under the direction of the Congressional Printer,” 
the Congressional Printer shall cause an account to be opened 
with such Department or public office, on which he shall charge 
for all printing and binding ordered by the head thereof at prices 
established in pursuance of law; and it shall not be lawful for him 
to cause to be executed any printing or binding the value of which 
exceeds the amount appropriated for such purpose.— R. S. 3802; 
Sup. p. 275, Feb. 27, 1877. 

And when any Department shall require printing to be done, 
the Public Printer shall furnish to such Department an estimate 
of the cost by the principal items for said printing so called for; 
and he shall place to the debit of such Department the cost of 
the same, on certification of the head of the Department, Supreme 
Court, Court of Claims, or Library of Congress, that said print¬ 
ing is necessary.— Sup, p. 381, yune 20, 1878. 

ESTIMATES, FINANCES, ETC. 

All annual estimates for the public service shall be submitted 
to Congress through the Secretary of the Treasury, and shall be 
included in the Book of Estimates prepared under his direction.— 
R. S. 3669. 

The Congressional Printer shall prepare and submit to the 
Register of the Treasury, annually, in time to have the same em¬ 
braced in the estimates from that Department, detailed estimates 
of the amount which will be required for salaries, wages, en¬ 
graving, lithographing, binding, materials, and any other neces¬ 
sary expense of said printing office for the ensuing fiscal year.— 
R. S. 3814. 

The Congressional Printer shall also submit to Congress, at the 
beginning of each session, detailed estimates of the sums required 
for the support of the Government Printing Office.— R. S. 3822. 

That it shall be the duty of the heads of the several Executive 
Departments, and of other officers authorized or required to 
make estimates, to furnish to the Secretary of the Treasury, on 


8 


or before the first day of October of each year, their annual esti¬ 
mates for the public service, to be included in the Book of 
Estimates prepared by law under his direction; and the Secre¬ 
tary of the Treasury shall submit, as a part*of the appendix to the 
Book of Estimates, such extracts from the annual reports of the 
several heads of Departments and bureaus as relate to estimates 
for appropriations, and the necessities therefor.— Sup. p. 156, 
March 3, 1875. 

Whenever the head of a Department, being about to submit to 
Congress the annual estimates of expenditures required for the 
coming year, finds that the usual items of such estimates vary 
materially in amount from the appropriation ordinarily asked for 
the object named, and especially from the appropriation granted 
for the same objects for the preceding year, and whenever new 
items not theretofore usual are introduced into such estimates for 
any year, he shall accompany the estimates by minute and full 
explanations of all such variations and new items, showing the 
reasons and grounds upon which the amounts are required, and 
the different items added.— R. S. 3664. 

There shall be advanced to the Congressional Printer, from 
time to time, as the public service may require it, and under such 
rules as the Secretary of the Treasury may prescribe, a sum ot 
money not exceeding, at any time, two-thirds of the penalty of his 
bond, to enable him to pay for work and material.— R. S. 3816. 

The Congressional Printer shall settle the account of his receipts 
and disbursements in the manner required of other disbursing 
officers.— R. S. 3817. 

The moneys received from sales of extra copies of documents, 
and from sales of paper shavings and imperfections, shall be 
deposited by the Congressional Printer in the Treasury of the 
United States, to the credit of the appropriations for public print¬ 
ing, binding, and paper, respectively, as designated by him, and 
shall be subject to his requisition in the manner prescribed by 
law.— R. S. 3818. 

No Department of the Government shall expend, in any one 
fiscal year, any sum in excess of appropriations made by Con¬ 
gress for that fiscal year, or involve the Government in any con- 


9 


tract for the future payment of money in excess of such appro¬ 
priations.— jR. S. 3679. 

All balances of appropriations contained in the annual appro¬ 
priation bills and made specifically for the service of any fiscal 
year, and remaining unexpended at the expiration of such fiscal 
year, shall only be applied to the payment of expenses properly 
incurred during that year, or to the fulfillment of contracts prop¬ 
erly made within that year; and balances not needed for such 
purposes shall be carried to the surplus fund. This section, how¬ 
ever, shall not apply to appropriations known as permanent or 
indefinite appropriations.— jR. S. 3690. 

All balances of appropriations which shall have remained on 
the books of the Treasury, without being drawn against in the 
settlement of accounts, for two years from the date of the last 
appropriation made by law, shall be reported by the Secretary of 
the Treasury to the Auditor of the Treasury, whose duty it is to 
settle accounts thereunder, and the Auditor shall examine the 
books of his office, and certify to the Secretary whether such bal¬ 
ances will be required in the settlement of any accounts pending 
in his office; and if it appears that such balances will not be 
required for this purpose, then the Secretary may include such 
balances in his surplus-fund warrant, whether the head of the 
proper Department shall have certified that it may be carried 
into the general Treasury or not. * * * —i?. S. 3691. 

No executive officer, other than the heads of Departments, 
shall apply more than $30, annually, out of the contingent fund 
under his control, to pay for newspapers, pamphlets, periodicals, 
or other books or prints not necessary for the business of his 
office.— S. 1779. 


REPORTS. 

The Congressional Printer shall render to the Secretary of the 
Treasury, quarterly, a full account of all purchases made by him, 
and of all printing and binding done in the Government Printing 
Office for each House of Congress and for each of the Executive 
and Judicial Departments.— S. 3815. 

The Congressional Printer shall keep a true account of all 


10 


paper received from contractors, and of all paper used in the 
Public Printing Office, and shall, at the end of each fiscal year, 
report to the Secretary of the Interior the amount of each class 
consumed in said office, and the works or publications in which 
the same is used.— R. S. 3820. 

The Congressional Printer shall, on the first day of each session, 
or as soon thereafter as may be practicable, report to Congress the 
exact condition, and the amount and cost of the public printing, 
binding, lithographing, and engraving; the amount and cost of 
all paper purchased for the same; a detailed statement of pro¬ 
posals made and contracts entered into for the purchase of paper 
and other materials, and for lithographing and engraving; of all 
payments made during the preceding year under his direction; of 
the amount of work ordered and done, with a general classifica¬ 
tion thereof, for each Department, and a detailed statement of each 
account with the Departments or public officers; a detailed state¬ 
ment of the number of hands employed in the establishment, and 
the time each has been employed; and such further information,, 
touching all matters connected with the Printing Office, as may 
be in his possession.— R. S. 3821. 

That the Congressional Printer be, and he is hereby, directed 
to keep a separate and exact account in detail of all expenditures 
for printing, mailing, and binding the Congressional Records,, 
including specific statements of the cost of all machinery and ma¬ 
terial which may have been or shall be used for the publication of 
said Record, commencing with its first publication at the Govern¬ 
ment Printing Office; and that he shall publish the amounts thus 
yearly expended, in his next succeeding annual report, and each 
succeeding report, separately from the other disbursements of his 
office.— Sup. p. 117, yune 20, 1874. 

That the Public Printer shall keep an account of the actual 
cost of all printing and binding done for the Patent Office, and 
shall make a statement of such cost in his annual report.—22 Stat.. 
L. p. 334, Aug. 7, 1882. 

Every officer who neglects or refuses to make any return or 
report which he is required to make at stated times by any act of 
Congress or regulation of the Department of the Treasury, other 


11 


than his accounts, within the time prescribed by such act or reg¬ 
ulation, shall be fined not more than $i,ooo and not less than 
$100.— R. S. 1780. 


POSTAGE. 

The term “public document” is hereby defined to be all pub¬ 
lications printed by order of Congress or either House thereof.— 
Sup. p. 100, June 23, 1874. 

That the postage on each copy of the daily Congressional 
Record mailed from the city of Washington as transient matter 
shall be one cent.— Sup. p. 100, Jime 23, 1874. 

That it shall be lawful to transmit through the mail, free of 
postage, any letters, packages, or other matters relating exclu¬ 
sively to the business of the Government of the United States: 
Provided^ That every such letter or package, to entitle it to pass 
free, shall bear over the words “Official Business” an indorse¬ 
ment showing also the name of the Department, and, if from a 
bureau or office, the names of the Department and bureau or office, 
as the case may be, whence transmitted. And if any person shall 
make use of any such official envelope to avoid the payment of 
postage on his private letter, package, or other matter in the mail, 
the person so offending shall be deemed guilty of a misdemeanor, 
and subject to a fine of $300, to be prosecuted in any court ot 
competent jurisdiction.— Sup.p. 288, March 3, 1877. 

The provisions of the fifth and sixth sections of the act enti¬ 
tled “An act establishing post-routes, and for other purposes,” 
approved March 3, 1877, for the transmission of official mail 
matter, be, and they are hereby, extended to all officers of the 
United States Government, and made applicable to all official 
mail matter transmitted between any of the officers of the United 
States, or between any such officer and either of the Executive 
Departments or officers of the Government, the envelopes of such 
matter in all cases to bear appropriate indorsements containing 
the proper designation of the office from which the same is trans¬ 
mitted, with a statement of the penalty for their misuse.—20 Stat. 
L.p. 362, March 3, 1879. 


12 


MATERIAL. 

It shall be the duty of the Congressional Printer to purchase 
all materials and machinery which may be necessary for the Gov¬ 
ernment Printing Office. * * *— S. 3760. 

And whenever it becomes necessary for the Public Printer to 
make purchases of materials not already due under contracts, he 
shall prepare a schedule of the articles required, showing the de¬ 
scription, quantity, and quality of each article, and shall invite 
proposals for furnishing the same either by advertisement or cir¬ 
cular, as the Joint Committee on Public Printing may direct, and 
shall make contracts for the same with the lowest responsible 
bidder, making a return of the same to the Joint Committee on 
Public Printing, showing the number of bidders, the amounts of 
each bid, and the awards of the contracts.— Sup. p. 233, yuly 31, 
1876. 

That the Joint Committee on Public Printing be, and hereby 
is, authorized to give permission to the Public Printer to purchase 
material in open market whenever, in their opinion, it would not 
promote the public interest to advertise for proposals and to make 
contracts for the same: Provided^ however^ That the purchases 
authorized by this act shall not in any term of six months exceed 
the sum of $50 for any particular article required.— Sup. p. 305, 
Feb. I, 1878. 

That it is lawful for the Public Printer to purchase in the open 
market, and without previous advertisement, such supplies as the 
Government Printing Office may require, of ink, rollers, composi¬ 
tion for making rollers, tapes, press-blankets, and lubricating oils; 
taking care that only the lowest market prices be paid for the 
quality of the articles purchased; and when practicable, issue cir¬ 
culars for bids from persons capable of supplying them.—22 Stat. 
L. p. 397, Dec. 21, 1882. 

The Congressional Printer shall charge himself with, and be 
accountable for, all material received for the public use. The 
Foremen of Printing and Binding shall make out estimates of the 
amount and kind of material required for their respective depart- 


13 


ments, and file written requisitions therefor when it is needed. 
The Congressional Printer shall furnish the same to them on these 
requisitions, as it may be required for the public service, and they 
shall receipt to him and be held accountable for all material so 
received.— R. S. 3783. 

It shall not be lawful for any officer or person in the civil, mil¬ 
itary, or naval service of the United States in the District of 
Columbia to purchase anthracite or bituminous coal or wood 
for the public service except on condition that the same shall, 
before delivery, be inspected and weighed or measured by some 
competent person to be appointed by the head of the Department 
or chief of the branch of the service for which the purchase is 
made. The person so appointed shall, before entering upon the 
duty of inspector, weigher, and measurer, and to the satisfaction 
of the appointing officer, give bond, with not less than two sureties? 
in the penal sum of $5,000, and with condition that each ton of 
coal weighed by him shall consist of two thousand two hundred 
and forty pounds, and that each cord of wood to be so measured 
shall be of the standard measure of one hundred and twenty-eight 
cubic feet. The inspector, weigher, and measurer so appointed 
shall be entitled to receive from the venders of fuel weighed and 
measured by him twenty cents for each ton of coal weighed, and 
nine cents for each cord of wood measured by him. I ach load 
or parcel of wood or coal weighed and measured by him shall be 
accompanied by his certificate of the number of tons or pounds 
of coal and the number of cords or parts of cords of wood in 
each load or parcel.— R. S. 3711. 

The proper accounting officer of the Treasury shall be furnished 
with a copy of the appointment of each inspector, weigher, and 
measurer appointed under the preceding section.— R. S 3712. 

It shall not be lawful for any accounting officer to pass or 
allow to the credit of any disbursing officer in the District of 
Columbia any money paid by him for purchase of anthracite or 
bituminous coal or for wood, unless the voucher therefor is ac¬ 
companied by a certificate of the proper inspector, weigher, and 
measurer that the quantity paid for has been determined by such 
officer.— R. S. 3713. 


14 


No contract or purchase on behalf of the United States shall 
be made, unless the same is authorized by law or is under an 
appropriation adequate to its fulfillment.— R, S, 3732. 

No contract shall be entered into for the erection, repair, or 
furnishing of any public building, or for any public improvement 
which shall bind the Government to pay a larger sum of money 
than the amount in the Treasury appropriated for the specific 
purpose.— R. S. 3733. 

All contracts to be made, by virtue of any law, and requiring 
the advance of money, or in any manner connected with the set. 
dement of public accounts, shall be deposited in the office of the 
First Comptroller of the Treasury of the United States, * * * 

within ninety days after their respective dates.— R, S. 3743. 

All purchases and contracts for supplies or services, in any of 
the Departments of the Government, except for personal services, 
shall be made by advertising a sufficient time previously for pro¬ 
posals respecting the same, when the public exigencies do not 
require the immediate delivery of the articles, or performance of 
the service. When immediate delivery or performance is required 
by the public exigency, the articles or service required may be 
procured by open purchase or contract, at the places and in the 
manner in which such articles are usually bought and sold, or 
such services engaged, between individuals.— R. S. 3709. 

Whenever proposals for supplies have been solicited, the par¬ 
ties responding to such solicitation shall be duly notified of the 
time and place of opening the bids, and be permitted to be pres¬ 
ent either in person or by attorney, and a record of each bid 
shall then and there be made.— R. S. 3710. 


PAPER. 

The Congressional Printer shall, at the beginning of each ses¬ 
sion of Congress, submit to the Joint Committee on Public Print¬ 
ing estimates of the quantity of paper of all descriptions which 
will be required for the public printing during the ensuing year.— 
R. S. 


15 


The Joint Committee on Public Printing shall fix upon stand¬ 
ards of paper for the different descriptions of public printing, and 
the Congressional Printer shall, under their direction, advertise 
in two newspapers, published in each of the cities of Boston, New 
York, Philadelphia, Baltimore, Washington, and Cincinnati for 
sealed proposals to furnish the Government with paper as speci¬ 
fied in the schedule to be furnished to applicants by the Congres¬ 
sional Printer, setting forth in detail the quality and quantities 
required for the public printing.— jR. S. 3767 ; Sup. p. 199, 

25, 1876. 

The advertisement shall specify the minimum portion of each 
quality of paper required for either three months, six months, or 
one year, as the Joint Committee on Public Printing may deter¬ 
mine; but when the minimum portion so specified exceeds, in 
any case, one thousand reams, it shall state that proposals will 
be received for one thousand reams or more.— R, S. 3768. 

The Congressional Printer shall furnish samples of the standard 
papers to applicants therefor.— R. S. 3769. 

The sealed proposals to furnish paper shall be opened in pres¬ 
ence of the Joint Committee on Public Printing, and the con¬ 
tracts shall be awarded by them to the lowest and best bidder for 
the interest of the Government; but they shall not consider any 
proposal which is not accompanied by satisfactory evidence that 
the person making it is a manufacturer of or dealer in the descrip¬ 
tion of paper which he proposes to furnish.— R. S. 3770. 

The award of each contract for furnishing paper shall desig¬ 
nate a reasonable time for filling it.— R. S. 3771. 

No contract for furnishing paper shall be valid until it has 
been approved by the Joint Committee if made under their direc¬ 
tion, or by the Secretary of the Interior if made under his direc¬ 
tion, according to the provisions of section 3775.— R. S. 3772; 
Sup. p. 275, Feb. 27, 1877. 

The Congressional Printer shall compare every lot of paper 
delivered by any contractor with the standard of quality, and 
shall not accept any paper which does not conform to it or is not 
of the stipulated weight.— R. S. 3773. 


]Ci 


In case of difference of opinion between the Congressional 
Printer and any contractor for paper respecting its quality, the 
matter of difference shall be determined by the Joint Committee 
on Public Printing.— S. 3774. 

If any contractor shall fail to comply with his contract, either 
as to time of delivery or as to quantity, quality, or weight of 
paper, the Congressional Printer shall report such default to the 
Joint Committee on Public Printing when Congress is in session, 
or to the Secretary of the Interior when Congress is not in session; 
and he shall, under the direction of the committee or of the Sec¬ 
retary of the Interior, as the case may be, enter into a new con¬ 
tract with the lowest and best bidder, for the interest of the Gov¬ 
ernment, among those whose proposals were rejected at the last 
opening of bids; or he shall advertise for new proposals, under 
the regulations hereinbefore stated; and, during the interval which 
may thus occur, he shall, under the direction of the Joint Com¬ 
mittee on Public Printing, or of the Secretary of the Interior, as 
above provided, purchase in open market, at the lowest market 
price, all paper necessary for the public printing.— 7 ?. S. 3775. 

In case of the default of any contractor to furnish paper, he 
and his securities shall be responsible for any increase of cost to the 
Government in procuring a supply of such paper which may be 
consequent upon such default.— S. 3776. 

The Congressional Printer shall report every such default, with 
a full statement of all the facts in the case, to the Solicitor of the 
Treasury, who shall prosecute the defaulting contractor and his 
securities upon their bond in the circuit court of the United States 
in the district in which such defaulting contractor resides.— S. 
3777 - 

The Joint Committee on Public Printing, or, during the recess 
of Congress, the Secretary of the Interior, may authorize the Con¬ 
gressional Printer to make purchases of paper in open market, 
whenever they may deem the quantity required so small, or the 
want so immediate, as not to justify advertisements for pro¬ 
posals.— /l. S. 3778. 

The Congressional Printer shall keep a true account of all 
paper received from contractors, and of all paper used in the 








17 


Public Printing Office, and shall, at the end of each fiscal year, 
report to the Secretary of the Interior th,e amount of each class 
consumed in said office, and the works or publications in which 
the same is used.— R. S. 3820. 


ENGRAVING, LITHOGRAPHING, ETC. 

Whenever any charts, maps, diagrams, views, or other engrav¬ 
ings are required to illustrate any document ordered to be printed 
by either House of Congress, such engravings shall be procured 
by the Congressional Printer, under the direction and supervis¬ 
ion of the Committee on Printing of the House ordering the 
same.—i?. 5 . 3779. 

* * # xhat no expensive maps or illustrations shall be 

printed without the special- order of Congress.— Sup. p. 93, yune 
23, 1874. 

When the probable cost of the maps or plates accompanying 
one work or document exceeds $1,200, the lithographing or en¬ 
graving thereof shall be awarded to the lowest and best bidder, 
after advertisement, by the Congressional Printer, under the 
direction of the Joint Committee on Public Printing. But the 
committee may authorize him to make immediate contracts for 
lithographing or engraving whenever, in their opinion, the exi¬ 
gencies of the public service do not justify advertisements for 
proposals.—22 Stat. L. p. 414, Feb. 12, 1883. 

That the Public Printer is hereby authorized under the direc¬ 
tion of the Joint Committee on Public Printing or of the Senate 
Committee on Printing in case there be no committee on the part 
of the House, to accept private proposals for printing the required 
number of copies of maps and other illustrations for the Census 
reports from plates or stones which w€re engraved under special 
appropriations for printing and engraving for the Tenth Census 
prior to the act of August 7, 1882, whenever it shall clearly ap- 
862 P P- 2 


18 

pear that expense can be saved thereby.—22 Sfaf. L. /. 564, 
March 3, 1883. 

The Congressional Printer may contract for the lithographing 
of the maps of the several States and Territories accompanying 
the annual report of the Commissioner of the General Land 
Office, except the connected map of the public lands east and 
west of the Mississippi River accompanying the annual report ot 
the Commissioner for the year 1862 with the additions thereto 
which may be made from time to time— R. S. 3781. 

The Congressional Printer shall preserve in his office samples 
of the paper on which any engravings or lithographs are to be 
furnished by contract, and he shall not receive any engraving or 
lithograph which is not printed on paper equal to the sample, or 
which is not executed in the proper manner or in the quantity 
contracted for, or within the time specified in the contract, unless, 
for special reasons, he may have extended the time. The con¬ 
tractor shall not be paid except upon the certificate of the Con¬ 
gressional Printer that the requisites have been complied with.— 
R. S. 3782. 

The lithographing and engraving required by the two preced¬ 
ing sections 490, 491 R. S. See page 82] shall be awarded 
to the lowest and best bidders for the interests of the Govern¬ 
ment, due regard being paid to the execution of the work, after 
due advertising by the Congressional Printer, under the direction 
of the Joint Committee on Printing; but the Joint Committee 
on Printing may empower the Congressional Printer to make 
immediate contracts for engraving whenever, in their opinion, 
the exigencies of the public service will not justify waiting for 
advertisement and award; or if, in the judgment of the Joint 
Committee on Printing, the work can be performed under the 
direction of the Commissioner of Patents more advantageously 
than in the manner above prescribed, it shall be so done, under 
such limitations and conditions as the Joint Committee on Print¬ 
ing may from time to time prescribe.— R. S. 492. 


19 


EMPLOYES. 

There shall be a Foreman of Printing and a Foreman of Bind¬ 
ing, who must be practically and thoroughly acquainted with 
their respective trades. They shall be appointed by the Con¬ 
gressional Printer, and shall each receive a salary at the rate of 
$2,100 a year.— R. S. 3761. 

The Foremen of Printing and Binding shall make out and 
.deliver to the Congressional Printer monthly statements of the 
work done in their respective offices, together with monthly pay¬ 
rolls, which shall contain the names of the persons employed, the 
rate of compensation of and amount due to each, and the service 
for which it is due.— R. S. 3819. 

The Public Printer may employ a chief clerk, at $2,400; four 
clerks of class four; one clerk of class one.— R. S, 3762; 18 Stai, 
L,p. 223, yune 23, 1874; 19 Ib, p. 146, Aug, 15, 1876; 20 Ib. 
p. 182, yune 19, 1878; 22 lb. p. 224, Aug. 5, 1882; Ib. p. 536, 
March 3, 1883. 

And the Public Printer is hereby authorized to employ three 
additional clerks of the third class to make the estimates.— Sup* 
b. 382, yune 20, 1878. 

For the public printing, for the public binding, and for paper 
for the public printing, # * * including salaries or compen¬ 

sation of all necessary clerks and employes, for labor (by the 
day, piece, or contract), and for all the necessary materials which 
may be needed in the prosecution of the work. * * *—22 

Stat. L. p. 334, Aug. 7, 1882; Ib. p. 629, March 3, 1883. 

The Congressional Printer may employ, at such rates of wages 
as he may deem for the interest of the Government and just to 
the persons employed, such proof-readers, compositors^ pressmen^ 
binders, laborers, and other hands as may be necessary for the 
execution of the orders for public printing and binding author¬ 
ized by law; but he shall not, at any time, employ in the office 
more hands than the absolute necessities of the public work may 
require.— R. S. 3763. 


20 


That from and after the close of the present session of Con¬ 
gress the Public Printer shall pay no greater price for composi¬ 
tion than.50 cents per thousand ems and 40 cents per hour for 
time work to printers and bookbinders.— Sup, p. 263, Feb. 16, 
1877. 

That from and after the passage of this act it shall be the duty 
of the Public Printer to employ no workmen not thoroughly 
skilled in their respective branches of industry, as shown by a 
trial of their skill under his direction.— Sup, p. 233, 31, 1876. 

Eight hours shall constitute a day’s work for all laborers, work¬ 
men, and mechanics who may be employed by or on behalf of 
the Government of the United States.— R. S. 3738. 

The Congressional Printer shall cause work to be done on the 
public printing in the Government Printing Office at night as well 
as through the day, during the session of Congress, when the 
exigencies of the public service require it.— R, S. 3764. 

That for extra work, ordered in emergencies, and performed on 
Sundays or legal holidays, or between the hours of midnight and 
eight ante meridian, excepting that done by regular organized 
night forces, the Public Printer is hereby authorized to pay such 
extra prices as the customs of the trade and the justice of the 
case may require.—22 S^af, L, p, 402, Jan. 13, 1883. 

That the employes of the Government Printing Office shall be 
allowed the following legal holidays, with pay, to wit: the ist 
day of January, the 2 2d day of February, the 4th day of July, 
the 25th day of December, and such day as may be designated 
by the President of the U nited States as a day of public fast or 
thanksgiving: Provided, That the said employes shall be paid for 
these holidays only when the employes of the other Government 
Departments shall be so paid: And provided further, That noth¬ 
ing herein contained shall authorize any additional payment to 
such employes as receive annual salaries.— Sup, p, 574, April 16, 
1880. 

Persons honorably discharged from the military or naval 
service by reason of disability resulting from wounds or sickness 
incurred in the line of duty, shall be preferred for appointments 
to civil offices, provided they are found to possess the business 


21 

capacity necessary for the proper discharge of the duties of such 
offices.— R, S. 1754. 

Every person elected or appointed to any office of honor or 
profit, either in the civil, military, or naval service, excepting the 
President and the persons embraced by the section following, shall, 
before entering upon the duties of such office, and before being 
entitled to any part of the salary or other emoluments thereof, 
take and subscribe the following oath: “ I, A B, do solemnly 
swear (or affirm) that I have never voluntarily borne arms against 
the United States since I have been a citizen thereof; that I have 
voluntarily given no aid, countenance, counsel, or encouragement 
to persons engaged in armed hostility thereto; that I have neither 
sought, nor accepted, nor attempted to exercise the functions ot 
any office whatever, under any authority, or pretended authority, 
in hostility to the United States; that I have not yielded a vol¬ 
untary support to any pretended government, authority, power, 
or constitution within the United States, hostile or inimical thereto. 
And I do further swear (or affirm) that, to the best of my knowl¬ 
edge and ability, I will support and defend the Constitution of 
the United States against all enemies, foreign and domestic; that 
I will bear true faith and allegiance to the same; that I take this 
obligation freely, without any mental reservation or purpose of 
evasion, and that I will well and faithfully discharge the duties 
of the office on which I am about to enter, so help me God.”— 
S. 1756. 

Whenever any person who is not rendered ineligible to office 
by the provisions of the fourteenth amendment to the Constitution 
is elected or appointed to any office of honor or trust under the 
Government of the United States, and is not able, on account ot 
his participation in the late rebellion, to take the oath prescribed 
in the preceding section, he shall, before entering upon the duties 
of his office, take and subscribe in lieu of that oath the following 
oath: “ I, A B, do solemnly swear (or affirm) that I will support 
and defend the Constitution of the United States against all 
enemies, foreign and domestic; that I will bear true faith and 
allegiange to the same; that I take this obligation freely, without 
any mental reservation or purpose of evasion; and that I will 


22 


well and faithfully discharge the duties of the office on which I 
am about to enter. So help me God.”— R. S. 1757. 

The oath of office required by either of the two preceding sec¬ 
tions may be taken before any officer who is authorized either by 
the laws of the United States, or by the local municipal law, to 
administer oaths, in the State, Territory, or District where such 
oath may be administered.— R. 5 '. 1758. 

The oath of office taken by any person pursuant to the require¬ 
ments of section 1756, or of section 1757, shall be delivered in by 
him to be preserved among the files of the House of Congress, 
Department, or court to which the office in respect to which the 
oath is made may appertain.— R. S. 1759. 

No allowance or compensation shall be made to any officer or 
clerk, by reason of the discharge of duties which belong to any 
other officer or clerk in the same or any other Department; and 
no allowance or compensation shall be made for any extra serv¬ 
ices whatever, which any officer or clerk may be required to per¬ 
form, unless expressly authorized by law.— R. S. 1764. 

No officer in any branch of the public service, or any other 
person whose salary, pay, or emoluments are fixed by law or reg¬ 
ulations, shall receive any additional pay, extra allowance, or 
compensation, in any form whatever, for the disbursement ol 
public money, or for any other service or duty whatever, unless 
the same is authorized by law, and the appropriation therefor 
explicitly states that it is for such additional pay, extra allow¬ 
ance, or compensation.— R. S. 1765. 

That all executive officers or employes of the United States 
not appointed by the President, with the advice and consent ot 
the Senate, are prohibited from requesting, giving to, or receiv¬ 
ing from, any other officer or employe of the Government, any 
money or property or other thing of value for political purposes! 
and any such officer or employe who shall offend against the 
provisions of this section shall be at once discharged from the 
service of the United States; and he shall also be deemed guilty 
of a misdemeanor, and on conviction thereof shall be fined in a 
sum not exceeding $500.— Sup. p. 245, Aug. 15, 1876. 


23 


No officer, clerk, or employe in the United States Government 
employ shall at any time solicit contributions from other officers, 
clerks, or employes in the Government service for a gift or pres¬ 
ent to those in a superior official position; nor shall any such 
officials or clerical superiors receive any gift or present offered or 
presented to them as a contribution from persons in Government 
employ receiving a less salary than themselves; nor' shall any 
officer or clerk make any donation as a gift or present to any 
official superior. Every person who violates this section shall be 
summarily discharged from the Government employ.— S. 
1784. 


PRINTING AND BINDING. 

GENERAL PROVISIONS. 

No printing or binding shall be done, or blank-books furnished, 
for either House of Congress, except on the written order of the 
Secretary of the Senate or of the Clerk of the House of Represent¬ 
atives, respectively; or for any of the Executive Departments, 
except on a written requisition by the head of such Department, 
or one of his assistants.— S. 3789. 

No printing or binding which is not provided for by law shall 
be executed at the Government Printing Office.— J?. S. 3785. 

That the Secretary of the Senate be, and he is hereby, author¬ 
ized to cause to be bound at the Government Printing Office one 
copy of any public document desired by any Senator for his per¬ 
sonal use. — 5 ^/^. 2d sess. Cong. p. 96, yan, 17, 1878. 

That no binding shall be done at the Government Printing 
Office for Senators, Representatives, or Delegates in Congress, 
except that there may be bound for each Senator, Representative, 
or Delegate one copy of each book or document issued by order 
of Congress, but this provision shall not allow any binding as 


24 


aforesaid to be done of books or documents issued by authority 
of and during any former Congress.—22 Siat. L. p. 334, Aug. 7, 
1882. 

That there may be bound for each Senator, Representative, or 
Delegate in Congress one copy of each book or document issued 
or ordered by authority of Congress during the term of service ot 
such Senator, Representative, or Delegate; but this provision 
shall not be construed as allowing any binding as aforesaid to be 
done of any books or documents issued during any former Con¬ 
gress of which said Senator, Representative, or Delegate was not 
a member.—22 Stat. L. p. 629, March 3, 1883. 

All printing, binding, and blank-books, for the Senate or House 
of Representatives, and the Executive and Judicial Departments, 
shall be done at the Government Printing Office, except in cases 
otherwise provided by law.— R. S. 3786. 

The forms and style in which the printing or binding ordered 
by any of the Departments shall be executed, the materials and 
size of type to be used, shall be determined by the Congressional 
Printer, having proper regard to economy, workmanship, and the 
purposes for which the work is needed.— R. S. 3790. 

Hereafter no binding shall be done for any Department of the 
Government except in plain sheep or cloth, and no books shall 
be printed and bound except when the same shall be ordered 
by Congress or are authorized by law, except record and account 
books, v/hich may be bound in Russia leather, sheep fleshers, 
and skivers, when authorized by the head of a Department, and 
this restriction shall not apply to the Congressional Library, nor 
to the Library of the Surgeon-General’s Office, nor to the library 
of the Patent Office, nor to the Library of the Department 01 
State.— Sup. p. 381, yuiie 20, 1878; Ib. p. 397, yan. 27, 1879; 
Ib. 420, Feb. 26, 1879. 

The first edition of the Congressional Directory for each session 
shall be printed and ready for distribution within one week after 
the commencement thereof.— R. S. 3801. 

The annual reports of the Executive Departments and the ac¬ 
companying documents shall be delivered by the Printer to the 


25 


proper officers of each House of Congress at the first meeting 
thereof; and the President’s message, the reports of the Execu¬ 
tive Departments, and the abridgment of accompanying docu¬ 
ments, shall be so delivered on or before the third Wednesday in 
December next after the meeting of Congress, or as soon there¬ 
after as may be practicable.— R. S. 3810. 

When the annual report of the Comptroller of the Currency 
upon the national banks and banks under State and Territorial 
laws is completed, or while it is in process of completion, ii 
thereby the business may be sooner dispatched, the work 01 
printing shall be commenced, under the superintendence of the 
Secretary, and the whole shall be printed and ready for delivery 
on or before the first day of December next after the close of the 
year to which the report relates.— S. 3811; Sup. p, 140, Feb. 
18, 1875. 

The Congressional Printer shall deliver to the Secretary of the 
Interior, at the room in the Interior Department set apart for 
that purpose, all books and documents directed by law to be 
printed for the use of the Government, except such as are directed 
to be printed for the particular use of Congress, or of either House 
thereof, or of the President, or of any of the Departments.— R. 

s. 3813. 

That hereafter the Congressional Printer shall print, upon the 
order of the heads of the Executive Departments, respectively, 
only such limited number of the annual reports of such Depart¬ 
ments and necessary accompanying reports of subordinates as 
may be deemed necessary for the use of Congress.— Sup. p. 93, 
yune 23, 1874. 

The Secretary of the Senate and the Clerk of the House of 
Representatives shall cause to be sent to the National Home for 
Disabled Volunteer Soldiers at Dayton, in Ohio, and to the 
branches at Augusta, in Maine, Milwaukee, in Wisconsin, Hamp¬ 
ton, in Virginia, and the Soldiers’ Home at Knightstown Springs, 
near Knightstown, in Indiana, each, i copy of each of the 
following documents: The Journals of each Plouse of Congress 
at each and every ses.sion; all laws of Congress; the annual mes¬ 
sages of the President, with accompanying documents; the daily 


26 


Congressional Record, and all other documents or books which 
may be printed and bound by order of either House of Congress; 
and the Public Printer is hereby authorized and directed to fur¬ 
nish to the Secretary of the Senate and the Clerk of the House of 
Representatives the documents referred to in this section — Sup, 
-b' 591, Feb, 8, 1881. 

PRINTING FOR PRIVATE PARTIES. . 

If any person desiring extra copies of any document printed at 
the Government Printing Office by authority of law shall, previous 
to its being put to press, notify the Congressional Printer of the 
number of copies wanted, and shall pay to him, in advance, the 
estimated cost thereof, and 10 per cent, thereon, the Congres¬ 
sional Printer may, under the direction of the Joint Committee 
on Public Printing, furnish the same.— R, S, 3809. 

That the Public Printer be, and he is hereby, directed to fur¬ 
nish to all applicants copies of bills, and reports and other public 
documents hereafter printed by order of Congress, distributed 
from the document rooms of the Senate and House, on said ap¬ 
plicants paying the cost of such printing with 10 per cent, added, 
and giving the notice required by section 3809 of Title XLV of 
the Revised Statutes.— Sup, p, 582, May 8, 1880. 

It shall be lawful for the Congressional Printer to print and de¬ 
liver, upon the order of any Senator or Member of the House of 
Representatives, or Delegate, extracts from the Congressional 
Record; the person ordering the same paying the cost thereof.— 
18 Stat, L, p, 347, March 3, 1875. 

That it shall be lawful for the Public Printer, under the direc¬ 
tion of the Joint Committee of the Senate and House of Repre¬ 
sentatives on Printing, to print for sale, at a price sufficient to 
reimburse the expenses of such printing, the current Congressional 
Directory and the current numbers of the Congressional Record. 
The money derived from such sales shall be paid into the Treas¬ 
ury monthly to the credit of the appropriation for public printing, 
and no sales shall be made on credit.—22 Stat, L. p, 642, March 

1S83. 


27 


That the Public Printer be authorized to bind at the Govern¬ 
ment Printing Office any books, maps, charts, or documents, pub¬ 
lished by authority of Congress, upon application of any member 
of the Senate or House of Representatives, upon payment of the 
actual cost of such binding.— Sup. p. 303, Dec. 10, 1877. 

BILLS AND JOINT RESOLUTIONS. 

There shall be printed 750 copies of every bill or joint resolu¬ 
tion ordered by either House of Congress or required by any 
rule thereof to’be printed, unless a different number shall be 
specifically ordered.— R. .S. 3791. 

Increased by orders to 925. * 

THE USUAL NUMBER. 

Fifteen hundred and fifty copies of any document ordered by 
Congress shall be printed, and that number shall be known as the 
usual number. No greater number shall be printed unless or¬ 
dered by either House or as hereinafter provided.— R. S. 3792. 

Increased, by orders to 1,900, which includes the numbers for distribu¬ 
tion by the Congressional Library and exchange in foreign countries. 

That whenever any document or report shall be ordered printed 
by Congress, there shall be printed, in addition to the number in 
each case stated, the “usual number” of copies for binding and 
distribution among those entitled to receive them; and this shall 
apply to all unexecuted orders now in the office of the Public 
Printer.—22 Stat. L.p, 387, yuly 7, 1882. 

COPIES FOR LIBRARY OF CONGRESS. 

The Congressional Printer shall, when so directed by the Joint 
Committee on the Library, print, in addition to the usual number, 
either 50 or 100 copies, as he may be directed, of all documents 
printed by order of either House of Congress, or of any Depart¬ 
ment or Bureau of the Government.— R. S. 3796. 

Of the documents printed by order of either House there shall 
be printed and bound 50 additional copies for the purpose of 
exchange in foreign countries.— R. S. 3799. 


28 


ANNUAL REPORTS. 

Of the documents named in this section there shall be printed 
and bound, in addition to the usual number for Congress, the 
•following numbers of copies, namely: 

First. Of the documents accompanying the annual reports of 
the Executive Departments, i,ooo copies for the use of the mem¬ 
bers of the Senate and 2,000 copies for the use of the members 
of the House of Representatives. ^ 

ABRIDGMENT. 

m 

Second. Of the President’s message, the annual reports of the 
Executive Departments, and the abridgment of accompanying 
documents, unless otherwise ordered by either House, 10,000 
copies for the use of the members of the Senate and 25,000 copies 
for the use of the members of the House of Representatives. 

FOREIGN AFFAIRS. 

Third. Of papers relating to foreign affairs, accompanying the 
annual message of the President, 2,000 copies for the use of the 
members of the Senate and 4,000 copies for the use of the mem¬ 
bers of the House of Representatives. 

COMMERCIAL RELATIONS. 

Fourth. Of the “Commercial Relations,” annually prepared 
under the directions of the State Department, 2,000 copies for the 
use of the members of the-Senate and 3,000 copies for the use 
of the members of the House of Representatives. 

COMMERCE AND NAVIGATION. 

Fifth. Of the annual report on the statistics of commerce and 
navigation, exports and imports, merchandise in transit, manu¬ 
factures, and registered and enrolled vessels, prepared by the Chief 
of the Bureau of Statistics, 2,000 copies for the use of the mem¬ 
bers of the Senate and 6,150 copies for the use of the members 
of the House of Representatives. 


29 


HOUSE AND SENATE JOURNALS. 

Sixth. Of the public journals of the Senate and of the House 
of Representatives, 1,550 copies.— R. S. 3798; Sup. p. 140, Feb. 


18, 1875. 

Number authorized by sec. 3792. i, 550 

Number authorized by sec. 3799. 50 

Number authorized by above paragraph. 55o 


3,150 

But the distribution requires: 


Of the Senate Journal. 3,194 

Of the House Journal. 3,128 


ACTS AND JOINT RESOLUTIONS. 

The Congressional Printer, on receiving from the Secretary of 
State a copy of any act or joint resolution or treaty, shall imme¬ 
diately cause an accurate printed copy thereof to be executed and 
sent in duplicate to the Secretary of State for revision. On the 
return of one of the revised duplicates he shall at once have the 
marked corrections made, and cause to be printed, and sent to 
the Secretary of State, any number of copies which he may order, 
not exceeding 500, and to be printed separately, and sent to the 
two Houses of Congress, the usual number.— R. S. 3805. 

POSTAL CONVENTIONS. 

The Congressional Printer, on receiving from the Postmaster- 
General a copy of any postal convention between the Postmaster- 
General, on the part of the United States, and an equivalent offi¬ 
cer of any foreign government, shall immediately cause an accu¬ 
rate printed copy thereof to be executed and sent in duplicate to 
the Postmaster-General. On the return- of one of the revised 
duplicates, he shall at once have the marked corrections made, 
and cause to be printed, and sent to the Postmaster-General, any 
number of copies which he may order, not exceeding 500, and 
to be printed separately, and sent to the two houses of Congress, 
the usual number.— R. S. 3806. 

STATUTES AT LARGE, SESSION LAWS, AND REVISED STATUTES. 

At the close of each session of Congress there shall be printed 
and bound for the use of the Senate 3,000 and for the use of the 








30 


House of Representatives 10,000 copies of all acts and resolu¬ 
tions so furnished, with a complete alphabetical index. * * f— 

S. 3807. 

That the Congressional Printer be, and he is hereby directed, 
in causing to be printed and bound an edition of the laws at the 
close of the session for the use of the Senate and the House of 
Representatives, to print the same from the stereotype plates of 
the edition prepared under the direction of the Department of 
State, with the index thereof.— S. 3807; Sup. p, 165, March 

1875. 

Sec. 2. That the Secretary of State is hereby charged with the 
duty of causing to be prepared for printing, publication, and dis¬ 
tribution the Revised Statutes of the United States enacted at this 
present session of Congress; that he shall cause to be completed 
the head notes of the several titles and chapters and the marginal 
notes referring to the statutes from which each section was com¬ 
piled and repealed by said revision; and references to the decis¬ 
ions of the courts of the United States explaining or expounding 
the same, and such decisions of State courts as he may deem ex¬ 
pedient, with a full and complete index to the same. 

******* 

Sec. 5. That he shall, in like manner, cause to be edited, printed, 
published, and distributed pamphlet copies of the statutes of the 
present and each future session of Congress to the officers and 
persons hereinafter provided, and bound copies of the laws of 
each Congress to the number of 2,000 copies, to be distributed 
in the manner now provided by law, and uniform with the said 
edition of the Revised Statutes. 

Sec. 6. That at the close of every session of Congress the Sec¬ 
retary of State shall cause to be distributed pamphlet copies of the 
acts and resolves of Congress for that session, edited and printed 
in the manner aforesaid, as follows: 

To the President and Vice-President of the United States, 2 
copies each. 

To each Senator, Representative, and Delegate in Congress, 
I copy. 

To the Librarian of the Senate, for use of Senators, 126 copies. 


/ 


31 


To the Librarian of the House, 250 copies, for the use of the 
Representatives and Delegates. 

To the Library of Congress, 14 copies. 

To the Department of State, including those for the use of 
legations and consulates, 600 copies. 

To the Treasury Department, 200 copies. 

To the War Department, including those for the use of officers 
of the Army, 200 copies. 

To the Navy Department, including those for the use of officers 
of the Navy, 100 copies. 

To the Department of the Interior, including those for the use 
of the surveyors-general and registers and receivers of public land 
offices, 250 copies. 

To the Post-Office Department, 50 copies. 

To the Department of Justice, including those for the use of 
the Chief and Associate Justices, the judges and the officers of 
the United States and Territorial courts, 425 copies. 

To the Department of Agriculture, 10 copies. 

To the Smithsonian Institution, 5 copies. 

To the Government Printing Office, 2 copies. 

To the governors and secretaries of Territories, i copy each. 

To be retained in the custody of the Secretary of State, 1,000 
copies. 

And 10,000 copies shall be distributed to the States and Ter¬ 
ritories in proportion to the number of Senators, Representatives, 
and Delegates in Congress to which they are at the time en¬ 
titled. 

Sec. 7. That after the close of each Congress the Secretary of 
State shall have edited, printed, and bound a sufficient number 
of the volumes containing the Statutes at Large enacted by that 
Congress to enable him to distribute copies, or as many thereof 
as may be needed, as follows: 

To the President of the United States, 4 copies, one of which 
shall be for the library of the Executive Mansion, and one copy 
shall be for the use of the Commissioner of Public Buildings. 

To the Vice-President of the United States, i copy. 

To each Senator, Representative, and Delegate in Congress. 
I copy. 


32 


To the Librarian of the Senate, for the use of Senators, 114 
copies. 

Tathe librarian of the House, for the use of Representatives 
and Delegates, 410 copies. 

To the Library of Congress, 14 copies, including four copies 
for the law library. 

To the Department of State, including those for the use of 
legations and consulates, 380 copies. 

To the Treasury Department, including those for the use of 
officers of customs, 260 copies. 

To the War Department, including a copy for the Military 
Academy at West Point, 50 copies. 

To the Navy Department, including a copy for the library 
at the Naval Academy at Annapolis, a copy for the library of 
each navy-yard in the United States, a copy for the library of the 
Brooklyn Naval Lyceum, and a copy for the library of the Naval 
Institute at Charlestown, Mass., 65 copies. 

To the Department of the Interior, including those for the use 
of the surveyors-general and registers and receivers of public 
land offices, 250 copies. 

To the Post-Office Department, 50 copies. 

To the Department of Justice, including those for the use of 
the Chief and Associate Justices, the judges and the officers of 
the United States and Territorial courts, 425 copies. 

To the Department of Agriculture, 5 copies. 

To the Smithsonian Institution, 2 copies. 

To the Government Printing Office, i copy. 

The Secretary of State shall supply deficiencies and offices 
newly created. 

#*#**#* 

Sec. 9. That the said laws of each session of Congress shall 
also be stereotyped and printed for sale, as provided in respect 
to the said Revised Statutes. And the copies of the said Revised 
Statutes and of the said laws of each session of Congress, as is¬ 
sued from time to time, shall be respectively sold at the cost of 
the paper, press-work, and binding, with 10 per cent, thereof 
added thereto, to any person applying for the same. And the 
proceeds of all sales shall be paid into the Treasury.— Sup. pp. 
50-52, June 20, 1874. 


33 


That an act approved June 20,1876 [1874], be so amended as 
to increase the number of the pamphlet and bound copies of the 
laws of the United States to be supplied to the Treasury Depart¬ 
ment, as provided in sections 6 and 7, from 200 copies to 300 
copies; and that the number of pamphlets and bound copies of 
the laws of the United States printed for distribution by the 
Secretary of State, as provided in section 5 of the said act, be 
increased from 2,000 copies to 2,100 copies.—22 Stat, L. pp. 

565, 566, March 3, 1883. 

REVISED STATUTES-SECOND EDITION. 

That the President of the United States be, and he is hereby, 
authorized to appoint, by and with the advice and consent of the 
Senate, one person, learned in the law, as a Commissioner, for 
the purpose of preparing and publishing a new edition of the first 
volume of the Revised Statutes of the United States. * ♦ * 

And said Secretary shall cause 15,000 copies of the same to be 
printed and bound at the Government Printing Office, under the 
supervision of said Commissioner, at the expense of the United 
States, and without unnecessary delay. * * *— Sup. pp. 

285, 286, March 2, 1875. 

That the 15,000 copies of the new edition of the first volume 
of the Revised Statutes of the United States required by the 
fourth section of the “Act to provide for the preparation and pub¬ 
lication of a new edition of the Revised Statutes of the United 
States,” approved March 2, 1877, to be printed and bound, shall 
be disposed of by the Secretary of State as follows : 

To th^ President of the United States, 4 copies, one of which 
shall be for the library of the Executive Mansion, and one copy for \ 
the use of the Commissioner of Public Buildings. ^ 

To the Vice-President of the United States, 2 copies. 

To each Senator, Representative, and Delegate in Congress, 
to the Secretary of the Senate, and to the Clerk of the House of 
Representatives, i copy. 

To the Librarian of the Senate, for the use of Senators, 120^ 
copies. 

862 P P- 3 




34 

To the Librarian of the House, for the use of Representatives 
and Delegates, 410 copies. 

To the Senate of the United States, for distribution, 760 copies. 

To the House of Representatives, for distribution, 2,920 copies. 

To the Library of Congress, 14 copies, including four copies for 
the law library. 

To the Department of State, for the use of legations and con¬ 
sulates, 380 copies. 

To the Treasury Department, including those for the use of 
officers of customs, 280 copies. 

To the War Department, including five copies for the use of the 
Military Academy at West Point, 55 copies. 

To the Navy Department, including three copies for the library 
of the Naval Academy at Annapolis, a copy for the library of each 
navy-yard in the United States, a copy for the Brooklyn Naval 
Lyceum, and a copy for the library of the Naval Institute at 
Charlestown, Mass., 70 copies. 

To the Department of the Interior, including those for the use 
of the surveyors-general and registers and receivers of land offices, 
255 copies. 

To the Department of Justice, including those for the use of 
the Chief and Associate Justices of the Supreme Court, the 
judges and officers of the United States and Territorial courts, 450 
copies. 

To the Department of Agriculture, 5 copies. 

To the Smithsonian Institution, 2 copies. 

To the Government Printing Office, 2 copies. 

And the Secretary of State shall supply deficiencies and offices 
newly created. * 

And that the residue of said fifteen thousand volumes, together 
with any furthe/ number thereafter printed and bound, shall, by 
the Secretary of State, be sold at the cost of paper, press-work, 
and binding, with 10 per cent, added thereto. * * * 

And whenever the said residue of said fifteen thousand copies 
shall be exhausted, said Secretary shall cause another 5,000 copies 
^o be printed and bound, at the expense of the United States to 
be sold in like manner, unless otherwise disposed of by order of 




35 


Congress; the cost of the same to be paid from the general ap¬ 
propriation for printing.— Sup. p. 387, May 22, 1878. 

SUPPLEMENT TO THE REVISED STATUTES. 

That the Supplement to the Revised Statutes, embracing the 
statutes general and permanent in their nature passed after the 
Revised Statutes, with references connecting provisions on the 
same subject, explanatory notes, citations of judicial decisions, 
and a general index, prepared by William A. Richardson, be 
stereotyped at the Government Printing Office; and the index 
and plates thereof and all right and title therein and thereto shall 
be in and fully belong to the Government for its exclusive use 
and benefit. 

That 6,357 copies be printed, bound, and distributed as pro¬ 
vided for the distribution of the Revised Statutes by the “Joint 
resolution providing for the distribution and sale of the new edi¬ 
tion of the Revised Statutes of the United States,” passed May 
22, 1878, and joint resolution passed December 21, 1878, and 
such additional copies, on the order of the Secretary of State, as 
may be necessary, from time to time, to be kept for sale in the 
same manner and on like terms as the Revised Statutes are re¬ 
quired to be kept for sale, and to supply deficiencies and offices 
newly created.— Sup. pp. 582, 583, yuly 7, 1880. 

DECISIONS OF THE FIRST COMPTROLLER. 

That the Public Printer be, and is, required to print not more 
than one volume each year of the decisions and opinions of the 
First Comptroller of the Treasury Department, with such explan¬ 
atory matter as he may furnish, and to furnish for the use of each 
Senator, Representative, and Delegate in Congress 10 copies 
thereof, to the Comptroller 2,000 copies, and for distribution in the 
manner provided in section 7 of the act of June 20, 1874 (18 
Statutes at Large, page 113), providing for the publication of the 
statutes, one-half the number therein mentioned.—22 Stat. L. p. 
391, Aug. 3, 1882. 


36 


Decisions of the First Comptroller—Number of copies to be furnished. 


The President of the U. S- 

2 

Navy Department. 

33 

The Vice-President of the U. S. 

I 

Department of the Interior.. 

- 125 

Senators. 

836 

Post-Office Department. 

25 

Representatives. 

3,575 

Department of Justice. 

- 213 

Delegates. 

88 

Department of Agriculture.. 

3 

First Comptroller. 

Librarian of the Senate. 

Librarian of the House. 

2,000 

57 

205 

Smithsonian Institution. 

Government Printing Office . 

1 



Library of Congress. 

7’ 


7,517 

Department of State. 

Treasury Department. 

190 

130 

Regular number. 

1,900 



War Department. 

25 


9,417 


Vols. 1 and 2, Decisions of First Comptroller, have been published; vol. 3 
is in press, and vol. 4 is in preparation. 


BIENNIAL REGISTER. 

That in lieu of the number of copies of the Biennial Register 
now authorized by law to be printed, the Secretary of the Interior 
be, and he is hereby, directed to cause to be printed 2,500 copies 
of the said work, to be distributed as follows: 

To the President of the United States, 4 copies, one copy of 
which shall be for the library of the Executive Mansion. 

To the Vice-President of the United States, 2 copies. 

To each Senator, Representative, and Delegate in Congress, i 
copy. 

To the Secretary of the Senate, i copy. 

To the Clerk of the House, i copy. 

To the library of the Senate, 50 copies, of which one copy shall 
be supplied to each standing committee of the Senate. 

To the library of the House of Representatives, 75 copies, of 
which one copy shall be supplied to each standing committee of 
the House. 

To the Library of Congress, 25 copies. 

To the Department of State, 250 copies. 

To the Treasury Department, 150 copies. 

To the War Department, 50 copies. 

To the Navy Department, 20 copies. 

To the Department of Justice, 25 copies. 




















37 


To the Post-Office Department, loo copies. 

To the Department of the Interior, 250 copies. 

To the Department of Agriculture, 5 copies. 

To the Smithsonian Institution, 4 copies. 

To the State library and State historical society of each State, 
and to the executive of each Territory, and to the designated 
depository of public documents in each Congressional district in 
the United States, i copy each, and the remaining copies shall 
be kept by the Secretary of the Interior as a reserve, from which 
he may supply newly-created offices; and members of Congress 
I additional copy. 

Sec. 2. That hereafter the lists directed by sections 198 and 510 
of the Revised‘Statutes to be furnished by the several Depart¬ 
ments and officers of the Government for the Biennial Register 
shall be made up to the first day of July of each year in which 
a new Congress is to assemble, and shall be filed as soon there¬ 
after as practicable in the Department of the Interior.— Sup. p. 
304, Dec. 15, 1877; 21 Stat. L. p. 275, Jufie 16, 1880. 

CONGRESSIONAL RECORD. 

Until a contract for publishing the debates of Congress is made, 
such debates shall be printed by the Congressional Printer, under 
the direction of the Joint Committee on Public Printing on the 
part of the Senate and of the House of Representatives.— R. S, 
78; Sup.p. 3, yan, 22, 1874. 

That the Congressional Printer be directed to furnish 3,425 
copies for the use of the Senate, and 7,250 copies for the use of 
the House of Representatives, of the Congressional Record,\)r 
of any such other like official report of the debates in Congress 
as may be hereafter authorized by law, either daily, as originally 
published, or in the revised form, without binding, or in bound 
volumes, or part in each form, as each Senator, Member, or 
Delegate receiving the same may elect.— Se 7 i, your, \st sess, 43^ 
Cong. p. 197, yan. 30, 1874; Ib. p, 659, yune 2, 1874; House 
your, \st sess. \^th Cong. p. 1532, yune 24, 1882. 

'T'hat PnEllir* ontLr.i-i'y/arl fn-micL Tno 

Resolved, That the Congressional Printer be, and he is hereby, 
authorized and directed to furnish one copy of the bound volume 
of the Congressional Record to each of the following named 
officers of the House of Representatives, viz: The Clerk, the 
Sergeant-at-Arms, the Doorkeeper, the Postmaster, and each of 
the Official Reporters of the debates.— Cong. Record, Vol. z^part 
2, p. 1112, February 10, 1875. 


38 


United States, and the clerk and marshal of the court, with a cur¬ 
rent copy of the daily Congressional Record,- and at the end of 
each session a bound copy of the proceedings of Congress for 
such session. And the Public Printer shall also furnish to the 
Official Reporter of the Senate 5 bound copies of the Congress¬ 
ional Record for each session.— Sup.p. 616, Jau. 27, 1881. 

That the Joint Committee on Printing be, and they are hereby, 
authorized and directed to make the necessary provisions and 
arrangements for hereafter issuing the index of the Congressional 
Record semi-monthly during the sessions of Congress, beginning 
with next ensuing session. That the Public Printer be, and he is 
hereby, directed to print and distribute the same number of copies 
of said semi-monthly index as he prints and distributes of the daily 
issue of the Record, and to the same persons and in the same 
manner. That the Public Printer shall employ such person to pre¬ 
pare said index as shall be designated by the Joint Committee on 
Printing, who shall also fix and regulate the compensation to be 
paid by the Public Printer for the said work and direct the form 
and manner of its publication : Provided, however, That the com¬ 
pensation allowed for preparing said semi-monthly index, includ¬ 
ing their compilation into a session index, shall not exceed the 
average total amount now allowed by the Joint Committee on 
Printing for compiling the session index.— Sitp. p. 617, Feb. 8, 
1881. 

The Secretary of the Senate and the Clerk of the House ot 
Representatives shall cause to be sent to the National Home for 
Disabled Volunteer Soldiers at Dayton, in Ohio, and to the 
branches at Augusta, in Maine, Milwaukee, in Wisconsin, Hamp¬ 
ton, in Virginia, and the Soldier’s Home at Knightstown Springs, 
near Knightstown, in Indiana, each, i copy of * * * the 
daily Congressional Record; * * * and the Public Printer 
is hereby authorized and directed to furnish to the Secretary of 
the Senate and the Clerk of the House of Representatives the 
documents referred to in this section.— Sup. p. 591, Feb. 8, 1881. 

That the Public Printer be, and he is hereby, authorized and 
directed to forward, free of charge, to the State and Territorial 
libraries of each State and Territory having or that shall hereafter 


have and maintain a State and Territorial library, i bound 
copy of the Congressional Record of each session of Congress or 
special session of the Senate, beginning with the Forty-seventh 
Congress; and the Public Printer is directed to print 50 additional 
copies of the same to meet the requirements of this joint resolu¬ 
tion.—22 Sfa/. L. p, 390, Aug 2, 1882. 

REBELLION RECORDS. 

To enable the Secretary of War to begin the publication of the 
official Records of the War of the Rebellion, both of the Union 
and of the Confederate armies, the sum of $15,000. And the 
Secretary of War is hereby directed to have copied for the Public 
Printer all reports, letters, telegrams, and general orders not here¬ 
tofore copied or printed, and properly arranged in chronological 
order.—18 Stat. L. p. 222, June 23, 1874. 

For continuing the preparation of the publication of the official 
Records of the War of the Rebellion, both of the Union and 
Confederate armies, and for the printing and binding, under di¬ 
rection of the Secretary of War, of 10,000 copies of a compilation 
of the official records. Union and Confederate, of the War of the 
Rebellion, so far as the same may be ready for publication 
during the fiscal year, $40,000; and of said number 7,000 copies 
shall be for the use of the House of Representatives, 2,000 copies 
for the use of the Senate, and 1,000 copies for the use of the 
Executive Departments; and for the compensation of temporary 
clerks and other employes engaged thereon, the collection of such 
Confederate records as may be placed at the disposal of the Gov¬ 
ernment by gift or loan, for rent of necessary offices, for fuel, sta¬ 
tionery, and incidental expenses, $40,490; and the Secretary of 
War is authorized to negotiate with the legal representatives ot 
the late Confederate Generals Bragg and Polk for the purchase 
of their private papers relating to the late war, and said Secretary 
shall report thereon at the next session of Congress.—21 Stat, Z. 
p. 269, June 16, 1880. 

For the publication of the official Records of the War of the 
Rebellion, both of the Union and Confederate armies, as follows: 
For continuing the publication of the official Records, and print- 


40 


ing and binding, under direction of the Secretary of War, of 
11,000 copies of a compilation of the official records, Union and 
Confederate, of the War of the Rebellion, so far as the same may 
be ready for publication during the fiscal year, $36,300. The 
volumes of the official Records of the War of the Rebellion 
shall be distributed as follows: One thousand copies to the Execu¬ 
tive Departments, as now provided by law. One thousand copies 
ofr distribution by the Secretary of War among officers of the 
Army and contributors to the work. Eight thousand three hun¬ 
dred copies shall be sent by the Secretary af War to such libra¬ 
ries, organizations, and individuals as may be designated by the 
Senators, Representatives, and Delegates of the Forty-seventh 
Congress. Each Senator shall designate not exceeding twenty- 
six, and each Representative and Delegate not exceeding twenty- 
one of such addresses, and the volumes shall be sent thereto from 
time to time as they are published, until the publication is com¬ 
pleted. ' Senators, Representatives, and Delegates shall inform 
the Secretary of War in each case how many volumes of those 
heretofore published they have forwarded to such addresses. The 
remaining copies of the eleven thousand to be published, and all 
sets that may not be ordered to be distributed as provided herein, 
shall be sold by the Secretary of War for cost of publication with 
10 per cent, added thereto,* and the proceeds of such sale shall be 
covered into the Treasury. If two or more sets of said volumes 
are ordered to the same address, the Secretary of War shall inform 
the Senators, Representatives, or Delegates who have designated 
the same, who thereupon may designate other libraries, organ¬ 
izations, or individuals. The Secretary of War shall report to the 
first session of the Forty-eighth Congress what volumes of the 
series heretofore published have not been furnished to such libraries, 
organizations, and individuals. He shall also inform distributees 
at whose instance the volumes are sent.—22 Sfat. L. p. 320, 
Aug. 7, 1882. 

For continuing the publication of the official Records and print¬ 
ing and binding, under direction of the Secretary of War, of a 
compilation of the official Records, Union and Confederate, of 
the War of the Rebellion, so far as the same may be ready for 
publication during the fiscal year, $36,000. And the sets of said 


41 


compilation held by the Secretary of War for distribution to ad¬ 
dresses to be furnished by Senators, Representatives, and Dele¬ 
gates shall be subject to their order, as now provided by law, 
until July i, 1884. —22 Sftrf. L. p, 618, March 3, 1883. 

The official Records of the War of the Rebellion will be published in 
series as follows: 

The First Series will embrace the formal reports, both Union and Con¬ 
federate, of the first seizures of United States property in the Southern 
States, and of all military operations in the field, with the correspondence, 
orders, and returns relating specially thereto, and, as proposed, is to be 
accompanied by an Atlas. 

In this series the reports will be arranged according to the campaigns 
and several theaters of operations (in the chronological order of the 
events), and the Union reports of any event will, as a rule, be immediately 
followed by the Confederate accounts. The corespondence, &c., not 
embraced in the “reports” proper will follow (first Union and next 
Confederate) in chronological order. This will be the series most desired 
by the public, and according to present estimates will embrace about 80 
octavo volumes averaging 800 pages each. 

Of this series eight volumes have been published. Volume IX is in 
the hands of the printer, and will be issued soon. The text of Volumes 
X-XV has been stereotyped, and the volumes will be published as soon 
as indexed. 

The contents of the volumes of this series already arranged are as 
follows: 

Vol. I.—Operations in South Carolina, December, i86c)-April 14, 1861; 
Florida, January-August, 1861; Texas and New Mexico, February- 
June II, 1861; Arkansas, Indian Territory, and Missouri, February- 
May 9, 1861. The secession of Georgia, Alabama, Mississippi, North 
Carolina, and Louisiana. 

Vol. II.—Operations in Maryland, Pennsylvania, Virginia, and West Vir¬ 
ginia, April-July, 1861. 

Vol. III.—Operations in Missouri, Arkansas, Kansas, and Indian Terri¬ 
tory, May lO-November 19, 1861. • 

Vol. IV.—Operations in Texas, New Mexico, and Arizona, June 11, 1861- 
February i, 1862; Kentucky and Tennessee, July-November 19, 1861 ; 
North Carolina and Southeastern Virginia, August, 186i-January ii, 
1862. 

Vol. V.—Operations in Maryland, Northern Virginia, and West Virginia, 
August, 1861-March 17, 1862. 

Vol. VI.—Operations on the coast of South Carolina, Georgia, and Middle 
and East Florida, August 21, 1861-April ii, 1862; West Florida, 
Southern Alabama, Southern Mississippi, and Louisiana, September, 
1861-May 12, 1862. 


42 


Vol. VII.—Operations in Kentucky, Tennessee, North Alabama, and 
Southwest Virginia, November 19, 1861-March 4, 1862. 

Vol. VIII.—Operations in Missouri, Kansas, Arkansas, and Indian Ter¬ 
ritory, November 19, 1861-April 10, 1862. 

Vol. IX.—Operations in Southeastern Virginia, January ii-March 17, 
1862; North Carolina, January ii-August 20, 1862; Texas, New 
Mexico, and Arizona, February-September 20, 1862. 

Vol. X (in two parts).—Operations in Kentucky, Tennessee, North Mis¬ 
sissippi, North Alabama, and Southwest Virginia, March 4-June lO, 
1862. 

Vol. XI (in three parts).—The Peninsula Campaign, Virginia, March 17- 
September 2, 1862. 

Vol. XII (in three parts).—Operations in Northern Virginia, West Vir¬ 
ginia, and Maryland, March 17-September 2, 1862. 

Vol. XIII.—Operations in Missouri, Arkansas, Kansas, Indian Territory, 
and Department of the Northwest, April lo-November 20, 1862. 

Vol. XIV.—Operations in South Carolina, Georgia, Middle and East 
Florida, April 12, 1862-June ii, 1863. 

Vol. XV.—Operations in West Florida, South Alabama, South Missis¬ 
sippi, Louisiana, and (from September 20, 1862) Texas and New 
Mexico (including operations against Vicksburg, May i8-July27, 1862), 
May 13, 1862-May 13, 1863. 

Vol. XVI (in two parts).—Operations in Kentucky, Middle and East 
Tennessee, North Alabama, and Southwest Virginia, June io-October> 
1862. 

Vol. XVII (in two parts).—Operations in West Tennessee and North 
Mississippi (including operations against Vicksburg from the north, 
and against Arkansas Post), June 10, 1862-January 20, 1863. 

Vol. XVIII.—Operations in North Carolina and Southeast Virginia, 
August 20, 1862-June 3, 1863. 

Vol. XIX.—Operations in Northern Virginia, West Virginia, Maryland, 
and Pennsylvania, September 3-November 15, 1862. 

Vol. XX.—Operations in Kentucky, Middle and East Tennessee, North 
Alabama, and Southwest Virginia, November i, 1862-January 5, 1863. 

Vol. XXI.—Operations in Northern Virginia, West Virginia, Maryland, 
and Pennsylvania, November 15, 1862-January 26, 1863. 

Vol. XXII.—Operations in Missouri, Arkansas, Kansas, the Indian 
Territory, and Department of the Northwest, November 20-December 
31, 1862. 

The remaining volumes not yet determined. 

The Second Series will contain the correspondence, orders, reports, 

and returns. Union and Confederate, relating to prisoners of war, and 

(so far far as the military authorities were concerned) to state or political 

prisoners. This series will probably comprise four octavo volumes. 

The Third Series will contain the correspondence, orders, reports, and 


43 


returns of the Union authorities (embracing their correspondence with 
the Confederate officials) not relating specially to the subjects of the first 
and second series. It will set forth the annual and special reports of the 
Secretary of War, of the General-in-Chief, and of the chiefs of the several 
staff corps and departments; the calls for troops, and the correspondence 
between the national and the several State authorities. This will be 
contained in about eight volumes. 

The Fourth Series will exhibit the correspondence, orders, reports, 
and returns of the Confederate authorities, similar to that indicated for 
the Union officials, as of the third series, but excluding the correspond* 
ence between the Union and Confederate authorities given in that series, 
and will probably include about four volumes. 

The volumes of Series I are so arranged that persons interested in a 
particular army or theater of operations can secure the records pertaining 
thereto with but little extraneous matter. P'or example, the history of 
the Army of the Potomac and the Army of Northern Virginia is given in 
Volumes II, V, XI, XII, XIX, XXI, &c.; that of the Army of the Cumber¬ 
land in Volumes IV, VII, X, XVI, XX, «S:c.; and that of the Army of the 
Tennessee in Volumes IV, VII, X, XVII, &c.; while trans-Mississippi 
operations appear in Volumes I, III, VIII, XIII, &c.; those in North 
Carolina in Volumes IX, XVIII, &c.; and those on the coasts of South 
Carolina and Georgia in Volumes I, VI, XIV, &c. 

By the above it will be noticed that 700 copies are placed with the Sec¬ 
retary of War for sale, to whom all applications should hereafter be made. 

SURVEYS WEST OF lOOTH MERIDIAN. 

For engraving and printing the plates illustrating the Report 
of the Geographical and Geological Explorations and Surveys 
West of the One-hundredth Meridian, to be published in quarto 
form, the printing and binding to be done at the Government 
Printing Office, * * * and that 2,000 copies of the report 

shall be printed by the Congressional Printer. * * *—18 

Stat. L. p. 224, yiine 23, 1874; Ib,p.T^\^, Feb. 15, 1875. 

That the following distribution shall be made of the Reports 
of the United States Geographical Surveys West of the One- 
hundredth Meridian, published in accordance with acts approved 
June 23, 1874, and February 15, 1875, as the several volumes 
are issued from the Government Printing Office, to wit: 950 
copies of each to the House of Representatives, 250 copies of 
each to the Senate, and 800 copies of each to the War Depart¬ 
ment for its uses.— Cotig. Record^ vol. 4, part 3, p. 2969, May 4, 
1876. 


44 


Pitblications of Survey West of \ooth Meridian. 

Special Preliminary and Progress Reports: Exploration of 1869, 1871, 
and 1872. 

Annual Reports of fiscal years ending June 30, 1873, 1874, 1875, 1876, 
1877, 1878, 1879, 1880, 1881, and 1882. 

Quarto Reports: Vol. I.—Geographical Report. 

Vol. II.—Astronomy and Barometric Hypsometry. 

Vol. III.—Geology (with supplement). 

Vol. IV.—Paleontology. 

Vol. V.—Zoology. 

Vol. VI.—Botany. 

Vol. VII.—Archaeology. 

Nineteen special publications. 

Maps: Topographical Atlas (including crayon prints); Geological 
Atlas; Land Classification Series; Special Maps (separate from reports); 
Special Maps (accompanying and bound with reports). 

Of the above, all except Vol. I have been printed. In addition to the 
seven quarto volumes, the prelimary and progress i-eports, special publi¬ 
cations and the maps (Topographical, Land Classification, and Geological) 
already issued, there yet remain unpublished certain reports and a number 
of sheets of the Topographical and Land Classification series. 

GEOLOGICAL SURVEY. 

The publications of the Geological Survey shall consist of the 
annual report of operations, geological and economic maps illus¬ 
trating the resources and classification of the lands, and reports 
upon general and economic geology and paleontology. The 
annual report of operations of the Geological Survey shall ac¬ 
company the annual report of the Secretary of the Interior. All 
special memoirs and reports of said Survey shall be issued in 
uniform quarto series, if deemed necessary by the Director, but 
otherwise in ordinary octavos. Three thousand copies of each 
shall be published for scientific exchanges and for sale at the 
price of publication; and all literary and cartographic materials 
received in exchange shall be the property of the United States 
and form a part of the library of the organization; and the money 
resulting from the sale of such publications shall be covered 
into the Treasury of the United States. * * *— Sup. p. 461, 

Match 3, 1879. 

That there be printed at the Government Printing Offic-e 
11,000 copies each of the second and third annual reports of the 


45 


Director of the United States Geological Survey, with the neces¬ 
sary illustrations and charts, 5,000 copies of which shall be for 
the use of the House of Representatives, 2,500 for the use of the 
Senate, and 2,500 for the use of the United States Geological 
Survey, and 1,000 for sale by the Public Printer, at the cost of 
publication with 10 per cent, added thereto; the illustrations 
and charts to be made by the Public Printer under the direction 
of the Joint Committee on Printing.—22 S/a/. L. p. 293, Aug. 
5, 1882. 

Publications of the Geological Survey. 

Annual reports: I. First Annual Report to the Hon. Carl Schurz, by 
Clarence King, 1880. 

II. Second Annual Report, i88o-’8i, by J. W. Powell, 
Director, 1882. 

The Third Annual Report is now in press. 

The Fourth Annual Report is now in hands of printer. 
Monographs: I. The Precious Metals, by Clarence King. 

II. Tertiary History of the Grand Canon District, with atlas, 
by Capt. C. E. Dutton. 

HI. Geology of the Comstock Lode and Washoe District 
with atlas, by George F. Becker. 

IV. Comstock Mining and Miners, by Eliot Lord. 

V. Copper-bearing Rocks of Lake Superior and their con¬ 

tinuation through Minnesota, by Prof. R. D. Irving. 

VI. Older Mesozoic Flora of Virginia, by Prof. William 

M. Fontaine. 

Geology and Mining Industry of Leadville, with atlas, by 
S. F. Emmons. 

Geology of the Eureka Mining District, Nevada, with 
atlas, by Arnold Hague. 

Coal of the United States, by Prof. R. Pumpelly. 

Iron in the United States, by Prof. R. Pumpelly. 

Lesser Metals and General Mining Resources, by Prof. 
R. Pumpelly. 

Lake Bonneville, by G. K. Gilbert. 

Dinocerata. A monograph on an extinct order of Un¬ 
gulates, by Prof. O. C. Marsh. 

Sauropoda, by Prof. O. C. Marsh. 

Stegosauria, by Prof. O. C. Marsh. 

Of these monographs. No. H is published, viz: 

11 . Tertiary History of the Great Canon District, with 
atlas, by C. E. Dutton, Capt. U. S. A., 1882, 4°, 
264 pp., 42 plates, and atlas of 26 double sheets 
folio. Price $10.12. 


Nos. Ill, TV, V, and VI are in press and will appear in quick succes¬ 
sion. The others, to which numbers are not assigned, are in 
preparation. 

Bulletins: No. i, on hypersthene-Andesite and on triclinic pyroxene in 
^ Augitic rocks, by Whitman Cross, 1883. Price, 10 cents. 

Hayden’s survey. 

That there be printed 10,000 copies of Professor Hayden’s 
Twelfth Annual Report of the Geological and Geographical Sur¬ 
vey of the Territories for 1878; 5,000 of which shall be for the 
use of the House of Representatives, 2,000 copies for the use of 
the Senate, 2,000 copies for the use of the Department of the 
Interior, and 1,000 copies for the use of the office of the Sur¬ 
vey.— Co 7 tg. Recoj'd^ vol. '^^part i,/. 292, Dec. 19, 1878. 

That there be printed at the Government Printing Office 3,000 
copies each of Volumes IV and XII of the final reports of the 
Geological and Geographical Survey of the Territories, in quarto 
form, with the necessary illustrations, 1,500 copies of which shall 
be for the use of the House of Representatives, 500 for the use 
of the Senate, 500 for the use of the Survey, and 500 for the use 
of the Smithsonian Institution; the illustrations to be made by 
the Public Printer, under the direction of the Joint Committee 
on Public Printing.— Sen. Jour, 2d sess. 45/// Cong. p. 748, June 
17, 1878; Ib.p. 763, June 18, 1878. 

That there be printed at the Government Printing Office 3,000 
copies each of Volumes III, VIII, and XIII of the final reports of 
the Geological and Geographical Survey of the Territories, in 
quarto form, with the necessary illustrations; 1,500 copies of which 
shall be for the use of the House of Representatives, 750 for the 
use of the Senate, 375 for the use of the Survey, and 375 for the use 
of the Department of the Interior; the illustrations to be made 
by the Public Printer, under the direction of the Joint Committee 
on Public Printing.— Cong. Record., vol. 8, part i, p. 749, Jan. 
25, 1879. 

That there be printed at the Government Printing Office, for 
the use of the Department of the Interior, 1,500 copies each of 
Volumes IV and XII, and 1,200 copies each of Volumes III, VIII, 
and XIII of the final reports of the Geological and Geographical 


47 


Survey of the Territories, in quarto form, with the necessg.ry illustra- 
tions, uniform with the edition ordered by Congress.— House your. 
2d sess, \(iih Cong, p. 815, March 19, 1880. 

That there be printed at the Government Printing Office, with 
the necessary illustrations, 5,000 copies of the Report on Zoology, 
Volume XIV of the final reports of the United States Geological 
Survey of the Territories, by F. V. Hayden; 2,800 copies of which 
shall be for the use of the House of Representatives, 1,200 for the 
use of the Senate, and 1,000 for the Department of the Interior.— 
House your. 2d sess, 4.6th Cong. p. 1042, April 17, 1880. 

That whenever the proper officer having charge thereof shall 
have received a sufficient number of orders for Professor Hay¬ 
den’s Atlas of Colorado, accompanied by the cost price thereof 
with 10 per cent, additional, to warrant, in his opinion, the ex¬ 
pense of putting the plates to press, he shall cause an edition 
thereof to be published: Provided, however, That the number 
thus printed shall in no case exceed the number actually ordered 
and paid for in advance of said publication.— Cong. Record, vol. 
8, p. 1072, Feb. 7, 1879. 

That the copies of the Atlas of Colorado heretofore ordereti 
for the use of the two Houses of Congress and the Department 
of the Interior be suitably bound by the Public Printer, for dis¬ 
tribution in accordance with the resolution ordering the same.— 
Sen. your. 1st sess. 4*]th Cong. pp. 516,881, yune 26, 1882. 

Publicaiions Haydenls Siit'vey. 

Annual Reports i to 12, inclusive (i867-’78), published. 

Bulletins, vols. i to 6, inclusive (i874-’82),published. 

Miscellaneous Publications, Nos. 1 to 12, inclusive (i873-’8o), published 
Final Reports, vol. i. Fossil Vertebrates—Leidy. 

vol. 2. Cretaceous Vertebrata—Cope, 
vol. 3. The Vertebrata of the Mesozoic Formations of 
the Western Territories—Cope, 
vol. 4. The Vertebrata of the Mesozoic Formations of 
the Western Territories—Cope, 
vol. 5. North American Acrididae—Thomas, 
vol. 6. Cretaceous P'lora —Lesquereux. 
vol. 7. Tertiary Flora—Lesquereux. 
vol. 8. Cretaceous and Tertiary Flora—Lesquereux. 
vol. 9. Fossil Invertebrates—Meek. 


48 


Final Reports, vol. lo. Geometrid Moths—Packard. 

vol. II. North American Rodentia—Cones and Allen, 
vol. 12. Fresh-water Rhizopods—Leidy. 
vol. 13. Fossil Insects of Western Territories—Scudder. 
vol. 14. Mammals—Cones and Allen. • 

Of the above, vols. i, 2, 5, 6, 7, 8, 9, 10, ii, and 12 have been pnblished, 
vol. 3 is in press, and vols. 4, 8, 13, and 14 are yet in preparation. 

Sixteen nnclassified pnblications (i87i-’8o). 

POWELL’S SURVEY. 

That there be printed at the Government Printing Office 3,000 
copies of the Report of the Geographical and Geological Survey 
of the Rocky Mountain Region, being Volume II, Contributions 
to North American Ethnology, in quarto form; 1,500 copies of 
vvdiich shall be for the use of the House of Representatives, 750 
for the use of the Senate, 375 for the use of the Survey, and 375 
for the use of the Smithsonian Institution.— Co7ig. Record, vol 8, 
part I,/. 749, ya 7 i. 25, 1879. 

That there be printed at the Government Printing Office, 6,000 
copies each of volumes VI, VII, VIII, IX, and X, Contributions 
to North American Ethnology, uniform with the preceding 
volumes of the series, and with the necessary illustrations; 3,030 
copies of which shall be for the use of the House of Representa¬ 
tives, 1,000 for the use of the Senate, and 1,970 for distribution 
by the Bureau of Ethnology.— Cong, Reco/'d, vol. ii, part. 3,/. 
2338, March 2, 1881. 

Publications Powell's Sun>ey. 

Survey of the Colorado River of the West, 1872. [ist Report.] 

Report of the Survey of the Colorado of the West, 1873. [2d Report.] 

Report of Explorations in 1873 of the Colorado of the West and its 
tributaries, by Prof. J. W. Powell, 1874. [3d Report.] 

Exploration of the Colorado River of the West and its tributaries. Ex¬ 
plored in 1869, 1870, 1871, and 1872, 1875. 

Chart of Geological Time, by E. E. Howell, i875-’76. 

Report on the Geology of the Eastern Portion of the Uinta Mountains 
and a region of country adjacent thereto, with atlas, by J. W. Powell, 
1876. 

Report on the Geology of the Henry Mountains, by G. K. Gilbert, 1877. 

Same, 2d ed., 1880 

Preliminary Report on the Paleontology of the Black Hills, by R. P. 
Whitfield, 1877. 



49 


Report on the Geographical and Geological Survey of the Rocky Mount¬ 
ain Region, by J. W. Powell, 1877. 

Introduction to the Study of Indian Languages, with words, phrases, and 
sentences to be collected, by J. W. Powell, 1877. 

Report on the Methods of Surveying the Public Domain, by J. W. Powell, 
1878. 

Report on the Lands of the Arid Region of the United States, by J. W. 
Powell, 1878. 

Same, 2d ed., 1879, 

Report on the Geology of the High Plateaus of Utah, with atlas, by C. E. 
Dutton, 1880. 

Report on the Geology and Resources of the Black Hills of Dakota, with 
atlas, by Henry Newton, E. M., and Walter P. Jenney, E. M, 1880. 

Contributions to North American Ethnology. Vol. i. Tribes of the 
Extreme Northwest, by W. H. Dali; Tribes of Western Washington 
and Northwestern Oregon, by George Gibbs, 1877. 

Vol. II. The Klamath Tribes of Oregon, by A, S. Gatschet. 

Vol. III. Tribes of California, by Stephen Powers, 1877. 

Vol. IV. Houses and House-Life of the American Aborigines, by Lewis 
H. Morgan, 1881. 

Vol. V. Cup-shaped Sculpture, by Charles Rau; Prehistoric Trephining, 
by Robert Fletcher; Manuscript Troano, by Cyrus Thomas, 1882. 

Vol. VI. Language of the Cegibas, by J. O. Dorsey. 

Vol. VII. Language of the Dakota Indians, by A. R. Riggs and J. O. 
Williamson. 

MEDICAL AND SURGICAL HISTORY. 

For the purpose of preparing for publication, under the direc¬ 
tion of the Secretary of War, and of printing at the Government 
Printing Office, 5,000 copies of the first volume of the Medical 
and Surgical History of the Rebellion, compiled by the Surgeon- 
General; * # # That the editions of both publica¬ 

tions thus ordered shall be disposed of as Congress may hereafter 
direct: And provided further, That the necessary engraving and 
lithographing for these publications may be executed under the 
direction of the Secretary of War without advertisement.—14 
Stat. L. p. 310, ’yuly 28, 1866. 

That there be printed at the Government Printing Office 5,000 
copies of the first part of the Medical and Surgical History of the 
Rebellion, compiled by the Surgeon-General under the direction 
of the Secretary of War, * * * as authorized by an act of 

Congress approved July 28, 1866.—15 Stat. L.p. 347, March 3, 
1869. 

862 p p-i 


50 


That of the 5,000 copies of the Medical and Surgical History ot 
the War, authorized to be printed by joint resolution of Congress 
approved March 3, 1869, 2,000 copies shall be for the use of the 
House of Representatives, 1,000 for the Senate, and 2,000 for 
distribution by the Surgeon-General of the Army.— Se7i. your, 
2d sess. \2d Cong,p. 847, Ma7xh 27, 1872. 

That the Secretary of War be, and he is hereby, directed to 
have completed the Medical and Surgical History of the War, by 
the preparation in the office of the Surgeon-General of two vol¬ 
umes, of one thousand eight hundred pages, in addition to the 
first volume already compiled and printed under authority of Con¬ 
gress, and he is hereby authorized to have executed, as he may 
deem advisable, the necessary engraving and lithographing there¬ 
for, at an expense not to exceed $60,000, which shall be paid out 
of any money in the Treasury not otherwise appropriated. 

Sec. 2. That 5,000 copies each of the second and third vol¬ 
umes be printed and bound by the Congressional Printer, to be 
distributed, with the first volume already printed, as may be here¬ 
after directed by Congress.—17 Stat. L. p. 338, yune S, 1872. 

For continuing the publication of the Medical and Surgical 
History of the War, to be distributed as Congress may direct, 
$60,000; to be used in the preparation of illustrations for a new 
edition of 5,000 copies of entire work: Provided^ That the neces¬ 
sary engraving and lithographing for those publications may be 
executed under the directions of the Secretary of War, without 
advertisement.—18 Stat, L. p. 224, yune 23, 1874. 

And the Congressional Printer is hereby authorized fo print and 
bind 5,000 additional copies of the Medical and Surgical History 
of the War of the Rebellion; 1,000 of which shall be for the use 
of the Senate, 3,000 for the use of the House of Representatives, 
and 1,000 for distribution by the Surgeon-General of the Army.— 

18 Stat, L. p. 391, March 3, 1875. 

For preparation of illustrations to complete the second edition 
of the Medical and Surgical History of the War, part 3, $25,000.— 

19 Stat, L, p. 360, March 3, 1877. 

Volumes I and II of part i, and Vols. I, II, and III of part 2 have betn 
printed. Volume III of part i remains yet to be printed to complete 
the series. Copy has never been furrished for this volume. 


51 


FISH AND FISHERIES. 

That there be printed 10,000 extra copies of the Report of the 
Commissioner of Fish and Fisheries for the year 1879; of which 
2,000 shall be for the use of the Senate, 6,000 for the use of 
the House of Representatives, and 1,500 copies for the use of 
the Commissioner of Fish and Fisheries; the illustrations to be 
made by the Public Printer, under the direction of the Joint Com¬ 
mittee on Public Printing; and 500 copies for sale by the Pub¬ 
lic Printer, under such regulations as the Joint Committee on 
Printing may prescribe, at a price equal to the additional cost 
of publication and 10 per cent, thereto thereon added.— Sen. 
Jour. 2d sess. ^6fh Cong, pp 340, 590, 653, June i, 1880. 

That there be printed 10,000 additional copies of the Report 
of the Commissioner of Fish and Fisheries for the year 1880; of 
which 2,000 shall be for the use of the Senate, 6,000 for the use 
of the House of Representatives, and 1,500 copies for the use ot 
the Commissioner of Fish and Fisheries; the illustrations to be 
made by the Public Printer, under the direction of the Joint Com¬ 
mittee on Public Printing; and 500 copies for sale by the Public 
Printer, under such regulations as the Joint Committee on Print¬ 
ing may prescribe, at a price equal to the additional cost of pub¬ 
lication and 10 per cent, thereon.— Cong. Record, vol. ii, part i, 
p. 865,y<7«. 14, 1881. 

That there be printed 10,000 extra copies of the Report of the 
Commissioner of Fish and Fisheries for the year 1881, of which 
2,000 shall be for the use of the Senate, 6,000 for the use of the 
House of Representatives, and 1,500 for the use of the Commis¬ 
sioner of Fish and Fisheries, the illustrations to be made by the 
Public Printer, under the direction of the Joint Committee on 
Public Printing, and 500 for sale by the Public Printer, under 
such regulations as the Joint Committee on Printing may pre¬ 
scribe, at a price equal to the additional cost of publication and 
10 per cent, thereto thereon added.— Jour. \st sess. 

Cong. pp. 508, 858, June 21, 1882. 

That 10,000 additional copies of the Report of the Commis¬ 
sioner of Fish and Fisheries for the year 1882 be printed; of 
which 2,000 copies shall be for the use of the Senate, 6,000 copies 




52 


for the use of the House, 1,500 copies for the use of the Commis¬ 
sioner of Fish and Fisheries, and 500 copies for sale by the Pub¬ 
lic Printer, at a price equal to the additional cost of publication 
and 10 per cent, thereon added.— Sen. your, "zd sess Cong. 
PP- 390. 534, March 3, 1883. 

Annual Reports of Commissioner of Fish and Fisheries for i87i-’72, 
i872-’73, i 873-’74 and i874-’75; i875-’76, iSjS-'yy, 1878, and 1879 
have been published. Annual Report for 1880 is now in press. An¬ 
nual Report for 1881 is in preparation. 

That the Public Printer be, and is hereby, instructed to print, 
in quarto form, a report by the United States Commission of Fish 
and Fisheries, upon the food-fishes and the fisheries of the United 
States, the engravings to be in relief and to be contracted for by 
the Public Printer, under the direction of a Joint Committee on 
Printing, and to receive the approval of the Commissioner before 
being accepted; the work to be stereotyped, and 10,000 extra 
copies printed, of which 2,500 shall be for the use of the Senate, 
5,000 for the use of the House, and 1,500 for the use of the Com¬ 
missioner of Fish and Fisheries. There shall also be printed 1,000 
extra copies for sale by the Public Printer, under such regulations 
as the Joint Committee on Printing may prescribe, at a price 
equal to the additional cost of publication and 10 per cent, 
thereon added.— Sen. Jour. \st sess. \yth Cong. pp. 967, 992, 
J2ily 21, 1882. 

That 3,000 sets of the five volumes of the reports of the United 
States Fish Commission be printed from the stereotype plates; of 
which 700 shall be for the use of the Senate, 1,800 for the House 
of Representatives, and 500 for the use of the Commissioner of 
Fish and Fisheries.— Cong. Record^ vol. 10, part 2,/. 1861, March 
25, 1880. 

Volumes I and II, not being stereotyped, have not been reprinted. 

That the Public Printer be, and he hereby is, instructed to 
print and stereotype, from time to time, the regular number of 
1,900 copies of any matter furnished him by the United States 
Commissioner of Fish and Fisheries relative to new observations, 
discoveries, and applications connected with fish-culture and the 
fisheries, to be capable of being distributed in parts, and the 




53 




whole to form an annual volume or bulletin not exceeding five 
hundred pages. The edition of said annual work shall consist 
of 5,000 copies, of which 2,500 shall be for the use of the House 
of Representatives, 1,000 for the use of the Senate, and 1,500 for 
the use of the Commissioner of Fish and Fisheries.— Sup. p, 617, 
Feb. 14, 1881. 

Vols. I and II, 1881 and 1882, have be;n published; Vol. Ill, 1883, 
now in press. 


REPORTS OF THE TENTH CENSUS. 

That the Reports of the Tenth Census of the United States be 
printed, and that 10,000 additional copies be printed, of which 
3,000 shall be for the use of the Senate, 6,000 for the use of the 
House of Representatives, and 1,000 for the use of the Depart¬ 
ment of the Interior. 

That, in addition to the above, 20,000 copies of the Report on 
Population be printed, of which 6,000 shall be for the use of the 
Senate, 12,000 for the use of the House of Representatives, and 
2,000 for the use of the Department of the Interior. 

That 20,000 additional copies of the Report on Agriculture be 
printed, of which 6,000 copies shall be for the use of the Senate, 
12,000 copies for the use of the House, and 2,000 copies for the 
use of the Department of the Interior. 

That 10,000 additional copies of the Report on Manufactures 
and Mechanics be printed, of which 3,000 copies shall be for the 
use of the Senate, 6,000 copies for the use of the House of Rep¬ 
resentatives, and 1,000 copies for the use-of the Department of 
the Interior. 

Also, that 6,000 additional copies of the Report on the History 
of the National Loan be printed for the use of the Treasury De¬ 
partment. 

Also, that 1,500 additional copies of the Report on Fish and 
Fisheries be printed for the use of the Fish Commission. 

And, also, that the Compendium of the Tenth Census be 
printed, and that 100,000 additional copies be printed, of which 
30,000 copies shall be for the use of the Senate, 60,000 copies for 
the use of the House, and 10,000 copies for the use of the De¬ 
partment of the Interior. And in order to avoid duplication in 


the distribution of these documents, and to secure complete sets 
to libraries and other public institutions, the additional copies 
herein ordered, excepting those ordered for the Treasury Depart¬ 
ment and for the Fish Commission, be delivered to the document- 
rooms of the Department of the Interior.—22 L. p. 344, 

Aug. 7, 1882. 

That the Public Printer is hereby authorized and directed to 
bind the Compendium of the Tenth Census in two volumes, of as 
nearly equal size as practicable, together with a complete index 
in each volume. The volumes of the Reports of the Tenth Census 
assigned to the House of Representatives shall be distributed 
upon the orders of the Representatives and Delegates of t.he 
Forty-seventh Congress, in accordance with “An act to provide for 
the publication of the Tenth Census,” approved August 7, 1882.— 
22 St-xt. L. p. 637, Feb. 17, 1883. 

EULOGIES. 

That there be printed of the eulogies delivered in Congress 
upon the late Michael P. O’Connor, a member-elect to the Forty- 
seventh Congress from the State of South Carolina, 12,000 
copies, of which 3,000 shall be for the use of the Senate and 
9,000 for the use of the House of Representatives; and the Sec¬ 
retary of the Treasury be, and he is hereby, directed to have 
printed a portrait of the said Michael P. O’Connor to accompany 
said eulogies; and for the purpose of engraving and printing said 
portrait the sum of $500, or so much thereof as may be necessary, 
be, and the same is hereby, appropriated out of any moneys in 
the Treasury not otherwise appropriated.—22 Stat. L. p. 379, 
March 15, 1882. 

That there be printed 31,000 copies of the memorial address 
on the life and character of James A. Garfield, late President of 
the United States, delivered by the Hon. James G. Blaine be¬ 
fore the two houses of Congress, with the proceedings on that 
occasion, of which 10,000 copies shall be for the use of the Sen¬ 
ate, 20,000 copies shall be for the use of the House of Represent¬ 
atives, 500 copies shall be for the use of the Department of 
State, 250 copies shall be for the use of Mrs. Lucretia R. Gar- 


field, and 250 copies shall be for the use of the Hon. James 
G. Blaine; and the Secretary of the Treasury be, and he is 
hereby, directed to have printed to accompany the same the me¬ 
morial card prepared by the Bureau of Printing and Engraving.— 
22 Sfaf . L . p . 383, yiine 7, 1882. 

That the sum of $1,600 be, and the same is hereby, appropri¬ 
ated, out of any money in the Treasury not otherwise appropri¬ 
ated, to enable the Secretary of the Treasury to furnish the me¬ 
morial cards to accompany the memorial address on the life and 
character of James A. Garfield, late President of the United 
States, ordered to be printed by joint resolution approved June 
7, 1882.—22 Stat. L , p. 389, July 31, 1882. 

That the sum of $175, or so much thereof as may be neces¬ 
sary, be, and the same is hereby, appropriated out of any money 
in the Treasury not otherwise appropriated, to defray the expense 
of printing, at the Bureau of Engraving and Printing, memorial 
cards to accompany the additional numbers heretofore ordered of 
the memorial address on the late President Garfield. —22 Siai, 
L.p. 391, Aug .\, 1882. 

That there be printed 12,000 copies of the eulogies delivered 
in Congress upon the late Benjamin H. Hill, a Senator from the 
State of Georgia, of which 4,000 shall be for the use of the Senate, 
and 8,000 for the use of the House of Representatives; and the 
Secretary of the Treasury be, and he is hereby, directed to have 
printed a portrait of said Benjamin H. Hill to accompany each 
copy of said eulogies; and for the purpose of defraying the ex¬ 
pense of engraving and printing the said portrait, the sum of $600, 
or so much thereof as may be necessary, be, and the same is 
hereby, appropriated, out of any money in the Treasury not other¬ 
wise appropriated.—22 Stat, L. p. 637, Feb. 23, 1883. 

That there be printed of the eulogies delivered in Congress 
upon the late William M. Lowe, a member of the Forty-seventh 
Congress from the ^tate of Alabama, 12,000 copies, of which 
3,000 shall be for the use of the Senate, and 9,000 for the use of 
the House of Representatives; and the Secretary of the Treasury 
be, and he is hereby, directed to have printed a portrait of the 
said William M. Lowe, to accompany said eulogies; and for the 


56 


purpose of engraving or printing said portrait, the sum of $500, 
or so much thereof as may be necessary, be, and the same is 
hereby, appropriated, out of any moneys in the Treasury not 
otherwise appropriated.—22 Stat. L. p. 6^58, Feb. 23, 1883. 

That there be printed 12,000 copies of the memorial addresses 
delfvered in the Senate and House of Representatives upon the 
life and character of Hon. Jonathan T. UpdegrafF, late a Repre¬ 
sentative from the State of Ohio, together with a portrait of the 
deceased; 9,000 copies thereof for the use of the House of Rep¬ 
resentatives and 3fOoo copies for the use of the Senate. And a 
sum sufficient to defray the expense of preparing and printing the 
portrait of the deceased for the publication herein provided for is 
hereby appropriated, out of any moneys in the Treasury not other¬ 
wise appropriated.—22 Stat, L, p. 638, Feb. 23, 1883. 

That there be printed of the eulogies delivered in Congress 
upon the late Godlove S. Orth, a member of the Forty-seventh 
Congress from the State of Indiana, 12,000 copies, of which 3,000 
shall be for the use of the Senate, and 9,000 for, the use of the 
House of Representatives; and the Secretary of the Treasury be, 
and he is hereby, directed to have printed a portrait of the said 
Godlove S. Orth to accompany said eulogies; and for the pur¬ 
pose of engraving or printing said portrait the sum of $500, or so 
much thereof as may be necessary, be, and the same is hereby, 
appropriated, out of any moneys in the Treasury not otherwise 
appropriated.—22 Stat. L.p. 638, Feb, 24, 1883. 

That there be printed 12,000 copies of the memorial addresses 
delivered in the Sendte and House of Representatives upon the 
life and character of Hon. Robert M. A. Hawk, late a Repre¬ 
sentative from the State of Illinois, together with a portrait of 
the deceased, 9,000 copies thereof for the use of the House of 
Representatives, and 3,000 copies for the use of the Senate. 
And a sum sufficient to defray the expense of preparing and 
printing the portrait of the deceased for the; publication herein 
provided for is hereby appropriated, out of any moneys in the 
Treasury not otherwise appropriated.—22 Stat. L, p, 639, Feb. 
24, 1883. 


57 


That there be printed 12,000 copies of the memorial addresses 
delivered in the Senate and House of Representatives upon the 
life and character of Hon. John W. Shackelford, late a Repre¬ 
sentative from the State of North Carolina, together with a por¬ 
trait of the deceased ; 9,000 copies thereof for the use of the 
House of Representatives, and 3,000 copies for the use of. the 
Senate. And a sum sufficient to defray the expense of preparing 
and printing the portrait of the deceased for the publication herein 
provided for is hereby appropriated, out of any moneys in the 
Treasury not otherwise appropriated.—22 Sfat. L. p. 640, March 
2, 1883. 

AGRICULTURAL REPORT, 1881-1882. 

That there be printed 300,000 copies of the Annual Report ot 
the Commissioner of Agriculture for the year 1881; 214,000 
copies for the use of members of the House of Representatives, 
56,000 for the use of members of the Senate, and 30,000 copies 
for the use of the Department of Agriculture; and $219,161.54, 
or so much thereof as may be necessary, is hereby appropriated 
out of any money in the Treasury not otherwise appropriated to 
carry out this joint resolution.—22 Siat. L,p. 395, Aag. 8, 1882. 

That the appropriation made by the joint resolution of Con¬ 
gress approved August 8, 1882 (22 Stats. 35395), providing for 
printing the Annual Report of the Commissioner of Agriculture 
for 1881, shall and may be used for the printing in one volume of 
the Reports of the Commissioner of Agriculture for the years 1881 
and 1882.—22 Siat. L. p. 635, Dec. 12, 1882. 

AGRICULTURAL REPORT, 1883. 

That there be printed 300,000 copies of the Annual Report of 
the Commissioner of Agriculture for the year 1883; 214,000 
copies for the use of members of the House of Representatives, 
56,000 for the use of members of the Senate, and 30,000 copies 
for the use of the Department of Agriculture: Prcnnded, That the 
Annual Report of the Commissioner of Agriculture, to be printed 
and bound for general distribution, shall not exceed 500 octavo 
pages, and the type shall be same as that heretofore used, and 
the sum of $220,000, or so much thereof as may be necessary, is 


58 

hereby appropriated to defray the cost of publication.—22 Stat. 
L.p, 641, March 3, 1883. 

INSECTS AFFECTING ORANGE TREES. 

’ That there be printed 5,000 copies of a special report from the 
Department of Agriculture, on insects affecting the orange tree, 
with the necessary illustrations, 2,500 copies of which shall be for 
the use of the House of Representatives, 1,500 for the use of the 
Senate, and 1,000 for the use of the Department of Agriculture.— 
Sen. Jour. \st sess. Cong. pp. 874, 923, July 6, 1882. 

BIBLIOGRAPHY OF ECONOMIC ENTOMOLOGY. 

That there be printed for the use of the Department of Agri¬ 
culture, 1,000 copies of a special report entitled “Bibliography of 
Economic Entomology.”— Sen. Jour. \st sess. \’]th Cong. pp. 
874, 924, July 6, 1882. 

FORESTRY REPORT. 

Tiiat there be printed 8,000 extra copies of the third annual 
report of the Commissioner of Forestry, transmitted to the House 
in May last J^y the Commissioner of Agriculture; 5,000 copies 
for the use of the House of Representatives, 2,000 copies for the 
use of the Senate, and 1,000 copies for the Commissioner of For¬ 
estry.— Sen. Jour. 2d sess. Cong. pp. 546, 548, Maixli 3, 

1883. 

SORGHUM SUGAR. 

That the report of the National Academy of Sciences on the 
sorghum sugar industry be printed, with such portions of the 
ai)pendix and accompanyingt exhibits as may be selected by the 
Joint Committee on Public Printing; and that there be printed 
6,500 additional copies, of which 2,000 copies shall be for the use 
of the Senate, 3,000 copies for the use of House of Representa¬ 
tives, 1,000 copies for the use of the Department of Agriculture, 
and 500 copies for the use of said National Academy of Sci¬ 
ences.— Sen. Jour. 2d sess. Cong. pp. 456, 534, March 3, 

1883. 


HUSBANDRY OF THE ANGORA GOAT. 

That the Commissioner of Agriculture be, and hereby is, au¬ 
thorized and directed to employ Dr. John L. Hayes to prepare 
for publication his pamphlet upon the Husbandry of the Angora 
Goat and to have 10,000 copies of the same printed for distribu¬ 
tion, 3,000 by the Senate and 7,000 by the House of Represent¬ 
atives.— 22 Sfcif. L.p. 386, yuly I, 1882. 

To enable the Commissioner of Agriculture to pay Dr. John 
L. Hayes for preparing pamphlet on the Husbandry of the Angora 
Goat, in conformity with the provisions of the joint resolution 
approved July i, 1882, $500; and the said pamphlet shall be 
printed at the Government Printing Office and paid for out of the 
appropriation for the Department of Agriculture.—22 Stat. L.p, 
337» 7> 1S82. 

REPORTS OF ENTOMOLOGICAL COMMISSION. 

That there be printed at the Government Printing Office, with 
necessary illustrations, 30,000 copies of the third report of the 
United States Entomological Commission; 7,000 copies thereoT 
for the use of the Senate, 20,907 for the use of the House, and 
2,093 for the Interior Department.— Cong, Record, vol. \\,part 
2,1 pp- 1801, 1965, Feb. 18, 1881. 

That there be printed 10,000 additional copies of Bulletin No. 
3 of the United States Entomological Commission on the Cotton 
Worm; 6,000 copies for the use of the House, 3,000 for the use 
of the Senate, and 1,000 for the use of the Department of the 
Intenor.— Sen. your. 2d sess. 46//^ Cong. p. 192, Feb. 12, 1880; 
Ib.p. 360, March 22, 1880. 

That there be printed for the use of the Department of Agricult¬ 
ure, with necessary illustrations, 2,000 copies of the fifth report 
of the United States Ent^umological Commission, being a special 
report on the insects affecting forest trees.— Sen. your. \st sess . 

Cong.pp. 874, 924, yuly 1882. 

OPINIONS OF ATTORNEYS-GENERAL. 

The Attorney-General shall ^rom time to time cause to be 
edited, and printed at the Government Printing Office, an edition 


60 


of 1,000 copies of such of the opinions of the law-officers herein 
authorized to be given as he may deem valuable for preservation 
in volumes, which shall be, as to size, quality of paper, printing, 
and binding, of uniform style and appearance, as nearly as prac¬ 
ticable, with volume VIII of such Opinions, published by Robert 
Farnham, in the year 1868. Each volume shall contain proper 
head-notes, a complete and full index, and such foot-notes as the 
Attorney-General may approve. Such volumes shall be dis¬ 
tributed in such manner as the Attorney-General may from time 
to time prescribe.— 7 ?. S. 383. 

Vols. I to XVI ha. e been printed; Vols. IX to XVI were printed at the 
Government Printing Office. 

DIGEST OF OPINIONS OF ATTORNEYS-GENERAL. 

To enable the Attorney-General to employ a competent per¬ 
son to prepare for publication and superintend the printing of a 
full and complete digest of the opinions of the Attorneys-General 
contained in volumes I to XVI, inclusive, $1,000, which sum 
shall be expended under the direction of the Attorney-General; 
and an edition of 1,000 copies is authorized to be printed at the 
Government Printing Office.—21 Stat. L. p. 236, June 15, 1880. 

NAUTICAL ALMANAC. 

That there shall be printed annually at the Government Print¬ 
ing Office 1,500 copies of the American Ephemeris and Nautical 
Almanac and of the papers supplementary thereto; of which 100 
shall be for the use of the Senate, 400 for the House of Repre¬ 
sentatives, and 1,000 for the public service, to be distributed by 
the Navy Department. 

Sec. 2. That additional copies of the Ephemeris and of the 
Nautical Almanac extracted therefrom may be ordered by the Sec¬ 
retary of the Navy for sale: Provided^ "Jihat all moneys received 
from such sale shall be deposited in the Treasury to the credit of 
the appropriation for public printing.— Sup. p. 573,i^<?A ii, 1880. 

ACTS OF CONTINENTAL CONGRESS. 

That there be printed at the Government Printing Office, for 
the use of Congress, 5,000 copies of the resolves, ordinances, and 




61 


acts of the Continental Congress and the Congress of the Con¬ 
federation of the United States; 1,500 copies for the use of the 
Senate, 3,000 copies for the use of the House of Representatives, 
and 500 copies for the use of the Executive Departments. 

Sec. 2. That said resolves, ordinances, and acts shall be taken 
from the journals and printed with a proper index, under the su¬ 
pervision of the Librarian of Congress. 

Sec. 3. That the sum of $1,000, or so much thereof as may be 
necessary, is hereby appropriated, out of any money in the Treas¬ 
ury not otherwise appropriated, to defray the expense of making 
such work and index; the same to be disbursed under the direc¬ 
tion of the Joint Committee on the Library.—19 Stat, L. p. 406, 
March 3, 1877. 

CATALOGUE OF LIBRARY OF SURGEON-GENERAL’s OFFICE. 

For printing and binding the first and second volumes of the 
Catalogue of the Surgeon-General’s Office. * * *—20 Stai, 

L. p» 390, March 3, 1879. * 

For printing and binding the first and second volumes of the 
Catalogue of the Library of the Surgeon-General’s Office. * * * 
—21 Stat. L. p, 270, June 16, 1880. 

For printing and binding the third volume of the Catalogue 
of the Library of the Surgeon-General’s Office. * * *—21 

Stat. L. p. 447, March 3, 1881. 

For printing and binding * * * for the War Department, 
# # * of which sum $12,000 shall be for the Catalogue of 

the Library of the Surgeon-General’s Office. * * *—22 Stat. 

L.p. 334, Aug. 7, 1882. 

For printing and binding * * * for the War Department, 
$170,000, of which sum $12,000 shall be for the Catalogue of 
the Library of the Surgeon-General’s Office. * * *— 22 Stat. 

L. p. 62(), March 3, 1883. 

Volumes I, II, and III, have been published; Volume IV is now in press. 

CATALOGUE OF LIBRARY OF CONGRESS. 

For binding the arrears of books, newspapers, and other peri¬ 
odicals belonging to the Library of Congress, and for printing 




62 


the new general catalogue, being a deficiency for the fiscal year 
1878, $20,000.—20 Stat. L. p. 8, Dec, 15, 1877. 

That the sum of $13,000, being the unexpended balance of the 
sum appropriated by act approved December 15, 1877, for print¬ 
ing and binding for the Library of Congress, be, and the same 
is hereby, reappropriated, and may be expended for completing 
the new general catalogue of the Library now in progress.—20 
Stat. L. p, 207, June 20, 1878. 

CATAT.OGUE OF GOVERNMENT PUBLICATIONS. 

That there be prepared and published, under the direction ot 
the Joint Committee on Printing, a classified, analytical, and de¬ 
scriptive catalogue of all publications made by the authority of 
the Government of the United States and the preceding Govern¬ 
ment of the Colonies, and all Departments, bureaus, and offices 
thereof, from July 4, 1776, to March 4, 1881; and upon the 
request of the said Joint Committee, the officers of the Senate 
and House of Representatives, and the heads of all the Execu¬ 
tive Departments and of all the bureaus and offices thereof, 
shall furnish to said Joint Committee all such information and 
assistance in reference to said publications as will facilitate or 
assist in the completion of said work, and the sum of $10,000 is 
hereby appropriated for the purposes of this act, which sum may 
be expended as additional pay or compensation to any officer or 
employe of the United States.—22 Stat.L.p. 176, July 27, 1881, 

COLONIAL CHARTERS AND STATE CONSTITUTIONS. 

That there be printed and bound 5,000 copies of the Colo¬ 
nial Charters and Constitutions of the United States, compiled 
under the direction of the Senate, of which 900 copies shall be 
for the use of Senators and the Vice-President, and 2,500 copies 
shall be for the use of Representatives and Delegates, and the 
remaining one thousand six hundred copies shall be distributed 
by the Public Printer as follows: To the President of the United 
States, 2 copies; to the Department of State, 50 copies, for trans¬ 
mission to United States legations and consulates-general abroad; 
to the Library of Congress, for exchanges, 445 copies; to the War 




63 


Department, i copy, for the Military Academy at West Point; to 
the Navy Department, i copy, for the Naval Academy at An¬ 
napolis; to the Department of Justice, loo copies for the use of 
that Department, the Chief Justice and Justices of the Supreme 
Court of the United States, the judges of the circuit and district 
courts of the United States, the Court of Claims, the Assistant 
Attorney-General, and the Solicitor-General, and to the Smith¬ 
sonian Institution, i copy; and i,ooo copies for sale by the Public 
Printer at the cost of printing and binding, under such regula¬ 
tions as he may prescribe, under the direction of the Joint Com¬ 
mittee on Printing .—House Jour. p. 1234, 2d sess, 45/'/? CoJig.. 
June 6, 1878. 

EXECUTIVE DEPARTMENTS AT CENTENNIAL. 

That there be printed and bound, in continuation of the series 
of volumes heretofore published by Congress under joint reso¬ 
lution of June 20, 1879, containing the final report of the United 
States Centennial Commission on the International Exhibition of 
1876, and uniform therewith, 5,000 copies of the report of the 
Board on behalf of the United States Executive Departments at 
said Exhibition, being the report which was submitted to Congress 
by the President of the United States, by special message of Feb¬ 
ruary 9, 1877, and again in his annual message of December 3, 
1877; of which number 3,000 copies shall be for the House, 1,000 
copies for the Senate, 200 copies for the Smithsonian Institution 
for distribution to such foreign Governments and others as made 
contributions from such exhibition to the National Museum, 300 
copies for the late members of said Board, and 500 copies for 
distribution by the late president of the Centennial Commission; 
the printing to be done by the Public Printer, under the super¬ 
vision of the late chairman of said Board, upon whose order may 
be allowed by the Public Printer to the late secretary of the Board 
not exceeding $300 for services to be performed and incidental 
expenses to be incurred in connection therewith: Provided., That 
the photographic views of the Government exhibit accompanying 
the manuscript report shall not be printed or reproduced for the 
publication herein authorized.—22 Stat. L. p. 640, March 3^ 
1883. 


64 


REPORT OF SMITHSONIAN INSTITUTION, l88l. 

That 15,560 copies of the Report of the Smithsonian Institu¬ 
tion for the year 1881 be printed, 2,500 copies of which shall be 
for the use of the Senate, 6,060 copies for the use of the House 
of Representatives, and 7,000 copies for the use of the Smith¬ 
sonian Institution— your. \st sess. Coug. pp. 424, 854, 
yune 20, 1882. 

REPORT OF SMITHSONIAN INSTITUTION, 1882. 

That 15,560 copies of the Report of the Smithsonian Institution 
for the year 1882 be printed; 2,500 copies of which shall be for 
the use of the Senate, 6,060 copies for the use of the House of 
Representatives, and 7,000 copies for the use of the Smithsonian 
Institution.— Seti. your. 2d sess. Cong. pp. 373, 457, March 
2, 1883. 

Arnual Reports from 1846 to 1880 have been published. Report for 
1881 is in press. 

SECOND AND THIRD ANNUAL REPORTS, BUREAU OF ETHNOLOGY. 

That there be printed at the Government Printing Office 
15,000 copies each of the Second and Third Annual Reports of 
the Director of the Bureau of Ethnology of the Smithsonian 
Institution, with the necessary illustrations; 7,272 copies of which 
shall be for the use of the House of Representatives, 3,000 copies 
for the use of the Senate, and 4,728 for distribution by the Bureau 
of Ethnology.— Cong. Record., vol. ii, part 3, p. 1827, Feb. 19, 
1881. 

Publication of Bureau of Ethnology. 

First Annual Report of the Bureau of Ethnology to the Secretary of the 
Smithsonian Institution, i879-’8o, by J. W. Powell, Director. Published. 

REPORT OF COMMISSIONER OF EDUCATION, l88l. 

That of the Report of the Commissioner of Education for 1881 
there be printed 6,000 copies for the use of the Senate, 12,000 
copies for the use of the House of Representatives, and 12,000 
copies for distribution by the Commissioner.— Cong. Record., vol. 
\\^part s,,pp. 3567, 3631, 3681, 3702, 3773, March 3, 1883. 


65 


REPORT OF CHIEF SIGNA^L-OFFICER, l88l. 

That there be printed and bound, for the use of the Signal 
Office of the Department of War, 10,000 copies of the annual 
report of the Chief Signal Officer for 1881.— Sen, your. \st sess. 

Cofig, pp. 903, 926, 1034, 1063; House your.p. 1799, Aug. 
2, 1882. 


REPORT OF COAST AND GEODETIC SURVEY. 

For publishing observations of the Coast and Geodetic Survey: 
For continuing the publication of observations, and their dis¬ 
cussions, made in the progress of the Coast and Geodetic Survey, 
including compensation of civilians engaged in the work, the 
publication to be made at the Government Printing Office. 

# * *—22 Stat. L. p. 610, March 3, 1883. 

That there be printed 3,000 extra copies of the report of Julius 
E. Hilgard, Superintendent of the Coast and Geodetic Survey, 
showing the progress made in said Survey during the year ending 
June 30, 1881, for distribution by said Superintendent.— Sen, 
your, 1st. sess. Cong. p. 329, Feb. 20, 1882; Ib. p. 859, 

yune 21, 1882. 

That the report of the Superintendent of the Coast and Geo¬ 
detic Survey for 1881-82 be printed, and that 3,000 additional 
copies be printed for the use of the Superintendent of the Coast 
Survey; the engraving to be given out by contract, under exist¬ 
ing laws, and executed and printed to the satisfaction of the 
Public Printer and the Superintendent of the Coast and Geodetic 
Survey.— Sen, your. 2^ sess. ^.jth Cong. pp. 214, 309, Feb. 9, 
1883. 

CONSULAR REPORTS. 

That the sum * * * be, and hereby is, appropriated, out * 

of any money in the Treasury not otherwise appropriated, for 
printing and distributing more frequently the publications by the 
Department of State of the consular and other commercial re¬ 
ports, including circular letters to chambers of commerce. * * * 
Provided^ That such publications may be sold at such rates as 
8G2 P P -5 




66 


may be fixed by said Department, and the proceeds of all sales 
to be paid into the Treasury.—21 Stat. Z./. 271, June 16, 1880. 

For-printing and distributing the publications by the Depart¬ 
ment of State of the consular and other commercial reports, in¬ 
cluding circular letters to chambers of commerce, $20,000.— 22 
Siat. L. p. 430, Feb. 26, 1883. 

REPORT OF HEALTH OFFICER OF THE DISTRICT OF COLUMBIA. 

That the Public Printer be, and is hereby, authorized to print 

2.500 extra copies of the report of the health officer of the Dis¬ 
trict of Columbia; 100 for the use of the Senate, 300 for the use 
of the House of Representatives, and 2,100 for the use of the 
said health officer of the District of Columbia.—22 Siat. L. p, 
643, March 3, 1883. 

CODIFIED LAND LAWS, ETC. 

That 8,500 additional copies of the codified land laws and 
history of the public domain of the United States, compiled and 
prepared by the Public Land Commission, embraced in House 
Executive Document No. 47, with all subsequent laws which 
may have been passed by Congress prior to the adjournment of 
the present session, be printed and bound, under the direction of 
the Secretary of the Interior; 2,000 copies for the use of the 
Senate, 5,000 for the use of the House of Representatives, and 

1.500 for the use of the Secretary of the Interior: Z)w'fi/<fZ, That 
the copies for the use of the Senate and the House of Represent¬ 
atives shall be distributed by the Secretary of the Interior in the 
manner provided for the distribution of the Reports of the Tenth 
Census; and that all copies not ordered to be distributed within 
two years after the passage of this act shall be sold by the Sec¬ 
retary of the Interior at cost of publication with 10 per cent. 

• added thereto.—22 Stat. L. p. 393, Aug. 7, 1882. 

DIGEST OF CONTESTED-ELECTION CASES. 

That there be printed and bound, for the use of the Senate and 
House, the usual number of copies of the digest of contested- 
election cases of the Forty-fifth and Forty-sixth Congresses, to- 




67 


gether with a full index of the same, to be prepared by the clerk 
of the Committee on Elections. * * *—22 Sfa^. L.p^ 395, 

Aug. 8, 1882. 

That there be printed and bound, for the use of the House, the 
usual number of copies of the digest of contested-election, cases, 
together with an index of the same, to be prepared by the clerk 
of the Committee on Elections. * * *—22 Siat. L.p. 593, 

March 3, 1883. 

PRINTING FOR NATIONAL BOARD OF HEALTH. 

That the necessary printing of the National Board of Health 
be done at the Government Printing Office, upon the requisition 
of the secretary of the Board, in the same manner and subject to 
the same provisions as other public printing for the several Depart¬ 
ments of the Government: Provided, That the cost of said print¬ 
ing shall not exceed the sum of $10,000 per annum.—21 Siat. 
47 » July I, 1879. 

TRANSIT OF VENUS. 

That the Report on the Observations of the Transit of Venus, 
made under the direction of the Navy Department in December, 
1874, be printed for the use of the Senate.— Sen. your. \st sess. 
\(ith Cong. pp. 77, 78, April 14, 1879. 

That 250 additional copies of the Observations of the Transit 
of Venus, made under the direction of the Navy Department in 
December, 1874, be printed for the use of the Naval Observa¬ 
tory.— House your. isf. sess. \(ilh Cong. pp. 487, yune 12,1879; 
Ib. p. 536, yune 20, 1879. 

Observations Transit of Venus, 1874, will be published in four parts. 
Part I has been published [S. Ex. 31, 46th Cong, ist sess.]; Part II 
is in press. 

PRINTING FOR SOCIETIES OF THE RED CROSS. 

That the sum of $1,000, or so much thereof as may be neces¬ 
sary, is hereby appropriated out of any money in the Treasury 
not otherwise appropriated, to be expended under the direction 
of the Secretary of State in the printing and publication of neces- 


68 


sary information concerning the Societies of the Red Cross for 
the amelioration of the sufferings of soldiers in time of war and 
the recent accession of the United States to the Geneva conven¬ 
tion for the organization of said societies, and giving a briei 
history of such organizations and the results thereof.—22 Stat. 
L.p. 391, Aiig. 3, 1882. 

LIEUTENANT SULLIVAN’S REPORT. 

That the report by Lieut. John T. Sullivan, U. S. N., on the 
problem of interoceanic communication by way of the American 
Isthmus, be printed, with 5,000 additional copies; of which 1,500 
shall be for the use of the Senate, 3,000 for the use of the House, 
and 500 for the use of the Navy Department.— Sen. Jour. 1st 
sess. \']th Cong.f July i, 1882, 903, 926; Ib. 2d sess. 

Cong. p. 308. 

REPORT OF THE DIRECTOR OF THE MINT. 

That 9,000 copies of the Report of the Director of the Mint on 
the annual production of Gold and Silver in the United States be 
printed; 4,000 copies for the use of the House, 2,000 copies for 
the use of the Senate, and 3,000 copies for the use of the Director 
of the Mint.— Sen. Jour. 2d sess. ^yt/i Cong. pp. 422, March 
2, 1883. 

EDUCATION AND LABOR. 

That the Committee on Education and Labor may have printed 
for its use testimony taken and to be taken by it under the reso¬ 
lution of the Senate of August 7, 1882.— Sen. Jour. 2d sess. 

Cong. p. 419, Feb. 26, 1882. 

FLAGS OF MARITIME NATIONS. 

That there be printed from the plates now in the possession ot 
the Bureau of Navigation, Navy Department, 3,000 copies of the 
“ Flags of Maritime Nations”; of which 800 copies shall be for 
the use of the Senate, 1,200 copies for the use of the House of 
Representatives, and 1,000 copies for the use of the Navy De¬ 
partment, to be used on board of vessels of the Navy and for 


69 


sale at the cost of paper and printing, in accordance with section 
432 of the Revised Statutes.— Sen, your. \si sess, Cong. pp. 
798, 1037, July 2^, 1882. 

QUESTIONS OF ORDER. 

That the Journal Clerk be directed to compile for the use of 
the House all questions of order raised and decided in the Com¬ 
mittee of the Whole House on the state of the Union on general 
appropriation and revenue bills from the Fortieth to the Forty- 
sixth Congresses, inclusive, and the necessary expense incurred 
for copying and indexing the same shall be paid out of the con¬ 
tingent fund of the House, subject to the approval of the Com¬ 
mittee on Accounts.— House your. \st sess. Cong. p. 647, 
Feb. 23, 1882. 

That all questions of order decided in the Committee of the 
Whole House on the state of the Union on general appropri¬ 
ation and revenue bills, compiled by the Journal Clerk under 
the resolution of May 5 [February 23], be printed, under the 
direction of the Journal Clerk, for the use of the House.— House 
your. \st sess. 4.jth Cong. p. 1846, Aug. 7, 1882. 

MANUAL FOR ARMY COOKS. 

Manual for Army cooks.—22 Stat. L. p. 119, yufie 30, 1882. 

DUPLICATE SETS OF BILLS. 

That the Doorkeeper be, and is hereby, instructed to arrange 
so many sets of bills and resolutions of the Senate and House 
of Representatives as the files in the document-rooms will furnish: 
Provided, That not exceeding ten sets shall be arranged for any 
session; and when so arranged the Public Printer is hereby 
authorized and directed to bind the same. Two sets shall be 
deposited in the document-room and the balance in the library 01 
the House of Representatives, and no person shall be allowed to 
take them therefrom.— House Jour. 2d sess. \(ith Cong. p. 399, 
Feb. 4, 1880. 

That the Public Printer be, and he hereby is, authorized and 
directed to bind duplicate sets of bills and resolutions of the Sen- 


f 


70 

ate and House of Representatives of the Forty-second, Forty- 
third, Forty-fourth, Forty-fifth, Forty-sixth, and Forty-seventh 
Congresses, said bills and resolutions to be furnished him from 
the files of the Senate document-room, and the volumes when 
bound to be kept there for reference.— Sen. Jour. 2d sess, 

Co 7 ig. p. 390, Feb. 22, 1880; Ib. p. 396, Feb. 23, 1883. 

CONGRESSIONAL GLOBE. 

That the sum of $100,000 is hereby appropriated to purchase, 
of the present owners and proprietors, the following property, to 
wit: 25,000 bound volumes of the Congressional Globe, 40,000 
unbound volumes of the Congressional Globe, 4^,000 metal plates 
for printing the Congressional Globe, 24,000 composition plates 
for printing the Congressional Globe, the two-story fire-proof brick 
building situate in the rear of the Globe building on Pennsylvania 
avenue, and the copyright for the complete work: Provided^ That 
the Public Printer, the Secretary of the Senate, and the Clerk of 
the House of Representatives shall examine the said property, 
and shall certify to the Secretary of the Treasury that it is in good 
order and in accordance with the schedule submitted, before any 
of said money shall be paid: And provided further., That said 
property, when purchased by the United States, shall be placed 
in the custody of the Public Printer, under the direction of the 
Joint Committee on Public Printing; and that the title to said 
property shall be approved by the Attorney-General.—20 Stat. 
L. p. 207, yune 20, 1878. 

VOLUNTEER ARMY REGISTER. 

That the Secretary of War be, and he is hereby, authorized and 
required, in connection with the Army Register for the year 1864, 
to cause to be printed and published a full roster or roll of all 
field, line, and staff officers of volunteers who have been in the 
Army of the United States since the beginning of the present 
rebellion, showing whether they are yet in the service or have been 
discharged therefrom, and giving casualties and other explana¬ 
tions proper for such Register. And to defray, in whole or in 
part, the expenses of this publication an edition of 50,000 copies 
of such enlarged Register shall be published, and may be sold 


71 


to officers, soldiers, or citizens, at a price which shall not more 
than cover the actual cost of paper, printing, and binding, and 
shall not in any case exceed $i per volume.—13 Siat. L. 412, 
June 30, 1864. 

That the Secretary of War be, and he is hereby, authorized and 
required to cause to be printed and published a full roster or roll 
of all general, field, line, and staff officers of volunteers who have 
been in the Army of the United States at any time since the 
beginning of the present rebellion, including all informal organ¬ 
izations which have been recognized or accepted and paid by 
the United States, showing whether they are yet in the service 
or have been discharged therefrom, and giving casualties and 
other explanations proper for such Register. And to defray in 
whole or in part the expenses of this publication, an edition of 
25,000 copies of such enlarged Register shall be published and 
may be sold to officers, soldiers, or citizens at a price which shall 
not more than cover the actual cost of paper, printing, and bind¬ 
ing, and shall not in any case exceed $i per volume.—13 Siat. 
L. p. 570, March 2, 1865. 

An edition of 5,000 copies of the first four volumes was printed, but finding 
very little demand for the work the edition of the residue of the volumes was 
reduced to 1,000 copies. 

NARRATIVE OF THE POLARIS EXPEDITION. 

That whenever the Public Printer shall have received a sufficient 
number of orders for copies of the narrative of the Polaris 
Expedition, accompanied by the cost price thereof with. 10 per 
cent, additional, to warrant in his opinion the expense of putting 
the plates to press, he shall cause an edition thereof to be pub¬ 
lished : Provided., however, That the number of copies thus at any 
time printed, shall not exceed the number ordered and paid for 
in advance of such publication.— Cong. Record, vol. 10, part i,p, 
502, Jan, 23, 1880. 

hall’s second arctic expedition. 

That there be printed 5,000 additional copies of the Narrative 
of Hall’s Second Arctic Expedition; of which 1,200 copies shall 


72 


be for the use of the Senate, 2,400 copies for the use of the House 
of Representatives, 150 copies for the use of the Navy Depart¬ 
ment, 250 copies for the use of the Naval Observatory, and 1,000 
copies to be sold by the Public Printer, under the direction of 
the Joint Committee on Printing, at the cost of printing and 
binding, with an addition of 10 per cent.— Cong. Record vol. 8, 
part I,//, 1512, 2388, Jan. 17, 1879. 

ACTS RELATING TO PUBLIC PRINTING. 

That the Committee on Printing have compiled the acts, reso¬ 
lutions, and rules of the two houses of Congress relating to the 
public printing, to engraving, and to the distribution of public 
documents, and that 500 copies of the same be printed, with 500 
additional copies for the use of the Committee on Printing.— 
Cong, Record^ vol. it,, part 7,/. 6 'j 6 o, Attg, 2, 1882. 


THE GOVERNMENT PRINTING OFFICE BUILDING. 

That the Superintendent of Public Printing be, and is hereby, 
authorized and directed to have executed the printing and bind¬ 
ing authorized by the Senate and House of Representatives, the 
Executive and Judicial Departments, and the Court of Claims. 
And to enable him to carry out the provisions of this act, he is 
authorized and directed to contract for the erection or purchase 
of the necessary buildings, machinery, and materials for that 
purpose; said contract to be subject to the approval of the 
Joint Committee on Printing of the two Houses of Congress: 
Provided, That the sum so contracted to be paid shall not ex¬ 
ceed $150,000.—12 Stat. L.p. 117, June 23, i860. 

To enable the Superintendent of the Public Printing to carry into 
effect the provisions of the joint resolution in relation to the 
public printing, approved June 23, i860, $135,000 be, and the 



73 


same is hereby, appropriated- out of any moneys in the Treas¬ 
ury not otherwise appropriated: Pt'ovided^ That no part of this 
appropriation shall be expended until the title to the property 
purchased shall have been examined and approved by the Attor¬ 
ney-General of the United States.—12 Stat, L. p, 132, Feb. 19, 
1861. 

For addition to the Public Printing Office and the necessary 
presses, machinery, and fixtures, $61,000; so much thereof to be 
expended under the direction of the Secretary of the Interior as 
may be necessary for the erection of said addition.—13 Stat. L. 
p. 447, March 2, 1865. 

For the extension of the Government Printing Office building, 
upon the plans prepared by the Architect of the Capitol exten¬ 
sion, including the cost of hoisting-works, said appropriation to 
be available during the present fiscal year, $45,000; and any ex¬ 
penditure on a plan that shall cost a greater sum to complete it 
shall be deemed unlawful.—16 Stat. L. p. March 3, 1871. 

For fire-proof extension ot the Government Printing Office 
building, upon plans a|)proved by the Architect of the Capitol, 
and the work to be done under his direction, including heating 
apparatus and plumbing, said appropriation to be available dur¬ 
ing the present fiscal year, $43,800; and any expenditure on a 
plan that shall cost a greater sum to complete it shall be deemed 
unlawful.—20 Stat. L. p. ;^gg, March 3, 1879. 

For fire-proof extension of the Government Printing Office 
building, and a stable, including heating apparatus and plumb¬ 
ing, to be erected on property now belonging to the Government, 
upon plans approved by the Architect of the Capitol, $40,000, 
the work to be done under his direction; said appropriation to 
be available during the present fiscal year; and any expenditure 
on a plan that shall cost a greater sum to complete it shall be 
deemed unlawful.—21 Stat. L.p. 436, March 3, 1881. 

That lot subdivision 55, in square 624, fronting on H street, in 
the city of Washington, adjoining the lands on which the Govern¬ 
ment Printing Office building is situated, shall be purchased for 
the use of the United States; and it shall be the duty of the Sec¬ 
retary of the Interior to purchase said lot, the value thereof to be 


74 


paid to the owner, out of any money in the Treasury not other 
wise appropriated, on the requisition of the said Secretary of the 
Interior: Provided^ That before such payment shall be made, the 
the owner of said lot shall, by a good and sufficient deed in fee- 
simple, to be approved by the Attorney-General of the United 
States, convey the said lot to the United States for the purpose 
aforesaid. That to ascertain the value of said lot, it shall be the 
duty of the Secretary of the Interior to make application to the 
supreme court of the District of Columbia, by petition containing 
a particular description thereof by metes and bounds, with the 
name of the owner and his residence; and the said court is hereby 
authorized and required, upon such application, in such mode and 
under such rules and regulations as it may adopt, after notice to 
the owner of said lot by summons, to appoint three commissioners, 
freeholders of the District of Columbia, acquainted with the value 
of real estate in Washington City, to make, under oath, a just and 
equitable appraisement of the cash value of said lot and the im¬ 
provements thereon; and the Secretary of the Interior is author¬ 
ized and required to pay to the owner of said lot the amount speci¬ 
fied in the appraisement so made, or he may deposit said amount 
for said owner with the court in payment thereof. The said court 
may direct the time possession of the said lot so condemned may 
be taken, and may, if necessary, enforce any order or issue any 
process necessary to give such possession. The cost occasioned 
by the appraisement and purchase, shall be taxed and paid as the 
court may direct.—21 Stat. L. p. 279, J^une 16, 1880. 

FIRE-ESCAPES, ETC. 

For the construction of outside fire-escape ladders for the 
Government Printing Office, $3,000.—20 Siai. L. p. 207, yune 
20, 1878. 

For the purchase of portable fire-extinguishers, $1,000, after 
competitive test of such apparatus as may be presented by the 
agents or owners thereof.—20 Stat. L. p. 399, March 3, 1879. 

For the erection of suitable fire-escapes and stand-pipes and 
other facilities for extinguishing fire in the Government Printing 
Office and the Government Hospital for the Insane, $10,000, or 


75 


so much thereof as may be necessary, to be expended under the 
direction of the Architect of the Treasury, General M. C. Meigs, 
and the Architect of the Capitol.—22 Stat, L. /> At^^. 7, 

1882. 


REMOVAL OF CERTAIN MATERIAL. 

That the Public Printer be, and he hereby is, directed to re¬ 
move forthwith from the Government Printing Office so much ot 
the property of the United States in the upper stories thereof as 
shall, in his opinion, and in the opinion of the Architect of the 
Capitol, render said building entirely safe for the persons em¬ 
ployed therein. 

Sec. 2. That the Public Printer be, and he hereby is, authorized 
and required to procure suitable storage room, as near said build¬ 
ing as practicable, for the temporary storage of the property ol 
the Government so to be removed from said building; and the 
sum of $5,000, or so much thereof a 5 shall be necessary, is 
hereby appropriated for the purposes aforesaid.— 22 Stat. L. p. 
637, Ftb. 6, 1883. 

WATER-MAINS. 

For laying twelve-inch water-mains, with proper fire-plugs and 
connections, for the proper protection of the Government Print- 
' ing Office, $5,600, of which the United States shall pay one- 

half, and $2,800 is hereby appropriated for this purpose.—22 
Stat. L. p. 143, yuly i, 1882. 

For completing the laying of twelve-inch water-mains, with 
proper fire-plugs and connections for the proper protection of the 
Government Printing Office, $3,500, of which the United States 
shall pay one-half, and $1,750 is hereby appropriated for this 
purpose.—22 Stat. L. p. 470, March 3, 1883. 

GOVERNMENT TELEGRAPH LINE. 

That the lines of the telegraph connecting the Capitol with 
the various Departments in Washington, constructed under and 
by virtue of the act of Congress approved March 3, 1873, enti¬ 
tled “An act making appropriations for sundry civil expenses 
of the Government for the fiscal year ending June 30, 1874, and 


76 


for other purposes,” be, and the same are hereby, placed under 
the supervision of the officer in charge of the public buildings and 
grounds; and that the said officer be authorized and empowered 
to make rules and regulations for the working of said lines. And 
the Secretary or head of each Executive Department, and the 
Congressional Printer, are hereby authorized to detail one person 
from their present force of employes to operate the instruments 
in said Departments and Printing Office, and each House of Con¬ 
gress may provide for the employment of an operator in their 
respective* wings of the Capitol, at a compensation not exceeding 
$ioo per month, during the sessions of Congress.—18 Stat. L. 
tart P> ^4) 4? 1874. 

That said lines of telegraph shall be for the use only of Sena¬ 
tors, Members of Congress, judges of the United States courts, 
and officers of Congress and of the Executive Departments, and 
solely on public business.—18 Stat. L. part p- 20, March 7, 
1874. 

TELEPHONE LINE. 

To enable the Public Printer to pay for the telephonic wire 
connecting the Capitol with the Government Printing Office, 
and for the rent of the telephones, $150, or so much of the same 
as may be necessary.—20 Stat, Z./..207, J^une 20, 1878. 

BUILDING IN REAR OF GLOBE OFFICE. 

That the sum of * * * is hereby appropriated to purchase 
of the present owners and proprietors the following property, to 
wit; # * * the two-story fire-proof brick building situate in 

the rear of the Globe building on Pennsylvania avenue, * * * 
Ajid provided further,, That said property, when purchased by the 
United States, shall be placed in the custody of the Public Printer, 
under the direction of the Joint Committee on Public Printing; 
and that the title to said property shall be approved by the Attor¬ 
ney-General.—20 Stat. L. p. 207, fpune 20, 1878. 


77 


MISCELLANEOUS. 

THE PUBLIC PRINTING AND BINDING. 

There shall be a Joint Committee on Public Printing, consist¬ 
ing of three members of the Senate, appointed by the President 
of the Senate, and three members of the House of Representa¬ 
tives, appointed by the Speaker of the House, who shall have the 
powers hereinafter stated.— R. S. 3756. 

The Joint Committee on Public Printing shall have power to 
adopt such measures as may be necessary to remedy any neglect 
or delay in the execution of the public printing, but no arrange¬ 
ment entered into by them shall take effect until it has been ap¬ 
proved by that House of Congress to which the printing belongs, 
or by both Houses when the printing delayed relates to the busi¬ 
ness of both.— R. S. 3757. 

The Joint Committee on Public Printing shall appoint a com¬ 
petent person, who shall edit such portion of the documents ac¬ 
companying the annual reports of the Departments as they may 
deem suitable for proper distribution, and prepare an alphabetical 
index thereto.— R. S. 75. 

A Congressional Directory shall be compiled at each session 
of Congress, under the direction of the Joint Committee on Pub¬ 
lic Printing, and the first edition for each session shall be ready for 
distribution within one week after the commencement thereof.— 

A 5. 77 - 

Until a contract for publishing the debates of Congress is 
made, such debates shall be printed by the Congressional Printer, 
under the direction of the Joint Committee on Public Printing on 
the part of the Senate and of the House of Representatives.— 
R. S. 78; Sup.p. 3, yan. 22, 1874. 

That the Joint Committee on Printing be, and they are hereby, 
authorized and directed to make the necessary provisions and 
arrangements for hereafter issuing the index of the Congressional 
Record semi-monthly during the sessions of Congress, beginning 


78 


with next ensuing session. That the Public Printer be, and he is 
hereby, directed to print and distribute the same number of copies 
of said semi-monthly index as he prints and distributes of the 
daily issue of the Record, and to the same persons and in the 
same manner. That the Public Printer shall employ such person 
to prepare said index as shall be designated by the Joint Com¬ 
mittee on Printing, who shall also fix and regulate the compen¬ 
sation to be paid by the Public Printer for the said work and 
direct the form and manner of its publication: Provided, however, 
That the compensation allowed for preparing said semi-monthly 
index, including their compilation into a session index, shall not 
exceed the average total amount now allowed by the Joint Com¬ 
mittee on Printing for compiling the session index. — Sup, p. 617, 
Feb. 8, 1881. 

All motions to print extra copies of any bill, report, or other 
public document, shall be referred to the Committee on Printing 
of the House in which such motion is made.— R. S. 3793. 

The House first ordering a document to be printed shall imme¬ 
diately notify the other House of such.order.— R. S. 3794- 

All propositions in either House of Congress for printing extra 
copies of documents, the cost of which exceeds $500, shall be by 
concurrent resolution, which shall, upon its transmission from 
either House, be immediately referred to the Committee on 
Printing of the House to which it was sent.— R. S. 3795. 

The Secretary of the Senate and the Clerk of the House of 
Representatives shall, as soon as may be after the close of each 
session of Congress, prepare and publish a statement of all 
appropriations made during the session, a statement of the new 
offices created and the salaries attached to each, and a statement 
of the offices the salaries attached to which are increased and 
the amount of such increase.— R. S. 64. 

No officer in charge of any bureau or office in any Department 
shall cause to be printed, at the public expense, any report he 
may make to the President or to the head of the Department, 
except as provided for in this title.— R. S. 3788. 

The head of each Department, except the Department of Jus¬ 
tice, shall furnish to the Congressional Printer copies of the doc- 


79 


uments usually accompanying his annual report on or before 
the first day of November in each year, and a copy of his 
annual report on or before the third Monday of November in 
each year.— R. S. 196. 

The Secretary of State shall furnish to the Congressional 
Printer a correct copy of every act and joint resolution, as soon as 
possible after its approval by the President, or after it has become 
a law in accordance with the Constitution without such ap¬ 
proval; also of every treaty between the United States and any 
foreign Government as soon as possible after it has been duly 
ratified and has been proclaimed by the President; and also of 
every postal convention made between the Postmaster-General, 
and by and with the advice and consent of the President, on the 
part of the United States and foreign countries, as soon as pos¬ 
sible after copies of such conventions have been transmitted to 
him by the Postmaster-General.— R. S. 210. 

The Secretary of State shall furnish the Congressional Printer 
with a correct copy of every act and joint resolution as soon as 
possible after its approval by the President of the United States, 
or after it shall have become a law in accordance with the Con¬ 
stitution without such approval, and also of every treaty between 
the United States and any foreign Government after it shall have 
been duly ratified and proclaimed by the President, and of every 
postal convention made between the Postmaster-General, by and 
with the advice and consent of the President, on the part of the 
United States, and equivalent officers of foreign Governments on 
the part of their respective countries.— R. S. 3803. 

The Postmaster-General shall transmit a copy of every postal 
convention to the Secretary of State for the purpose of being 
printed, and the printed copy thereof shall be revised by the Post- 
Office Department instead of by the Secretary of State.— R, S. 
3804. 

The Postmapster-General shall make the following annual re¬ 
ports to Congress: First. A report of all contracts for carrying 
the mail made within the preceding year. * * * Second. A 

report of all land and water mails established or ordered within 
the preceding year, other than those let to contract at the 


80 


annual letting. # * # Third. A report of all allowances 

made to contractors within the preceding year above the sums 
originally stipulated in their respective contracts and the reasons 
for the same, and of all orders made whereby additional expense 
is incurred on any route beyond the original contract price. 
* * * Fourth. A report of all curtailments oi expenses effected 
within the preceding year, * * * Fifth. A report of the 
finances of the Department for the preceding year. * * * 
Sixth. A report of the fines imposed on and the deductions from 
the pay of contractors, made during the preceding year. * * * 
Seventh. A copy of each contract for carrying the mail between 
the United States and foreign countries. * * * Eighth. A 

report showing all contracts which have been made by the depart¬ 
ment other than for carrying the mail. * * * Ninth. A re¬ 

port on the postal business and agencies in foreign countries. 
Tenth. A report of the amount expended in the Department 
for the preceding fiscal year. * * * And the Postmaster-Gen¬ 
eral shall cause all of such reports to be printed at the Public 
Printing Office, either together or separately, and in such num¬ 
bers as may be required by the exigencies of the service or by 
law. * * *—6'. 413. 

The annual report of the Postmaster-General of offers received 
and contracts for conveying the mail shall not be printed, unless 
specially ordered by either House of Congress. — S. 3797. 

That the annual reports of the Auditor of the Treasury for the 
Post-Office Department to the Postmaster-General shall show 
the financial condition of the Post-Office Department at the close 
of each fiscal year, and be made a part of the Postmaster-Gen¬ 
eral’s annual report to Congress for that fiscal year.— Sup. p. 224, 
July 12, 1876. 

The Postmaster-General may pay out of the proceeds of the 
money-order business the cost of stationery and such incidental 
expenses as are necessary for the transaction of that business.— 
R. S. 4048. 

All blanks, blank books, and printed or engraved matter sup¬ 
plied to postmasters by the Postmaster-General or used in his 
Department for the transaction of the money-order business shall 



81 


be obtained from the lowest responsible bidders for furnishing 
printed and engraved matter, respectively, under separate adver¬ 
tisements calling for proposals to furnish the same for a period of 
four years, upon such conditions as the Postmaster-General may 
prescribe: Proinded^ That the Public Printer and the Chief of the 
Bureau of Engraving and Printing of the Treasury Department 
shall submit, respectively, estimates of the cost of furnishing such 
printed and engraved matter as may be required for use in the 
money-order business, and they shall furnish such printed and 
engraved matter whenever upon their estimates of cost the ex¬ 
penditure therefor will be less than upon proposals made as above 
provided for.—22 Stat. L.p. 527, March 3, 1883. 

The Secretary of the Treasury shall furnish a condensed state-* 
ment of the aggregate amount of the exports to and impcjrts 
from foreign countries to the Congressional Printer on or before 
the first day of November of each year.— R. S. 3812. 

The Secretary of the Treasury shall cause the annual report of 
the statistics of commerce and navigation, required from the 
Chief of the Bureau of Statistics, to be prepared and printed ac¬ 
cording to law, and to be submitted to Congress at as early a day 
in each regular session as practicable, and not later than the first 
Monday in January.— R. S. 263. 

The Secretary of the Treasury shall furnish to the Congres¬ 
sional Printer, on or before the first day of November of each 
year, the manuscript, prepared for printing, of a condensed state¬ 
ment of the aggregate amount of the exports and imports from 
foreign oountries during the preceding fiscal year.— R. S. 265. 

The Chief of the Bureau of Statistics shall, under the direction 
of the Secretary of the Treasury, prepare and publish monthly 
reports of the exports and imports of the United States, including 
the quantities and value of goods warehoused or withdrawn 
from warehouse, and such other statistics relative to the trade 
and industry of the country as the Secretary of the Treasury may 
consider expedient.— R. S. 339. 

It shall be the duty of the officer in charge of the Bureau of 
Statistics to gather, collate, and annually report to the Secretary 
of the Treasury, for transmission to Congress, statistics and facts 
862 P P-6 



82 


relating to commerce with foreign nations and among the several 
States, the railroad systems of this and other countries, the con¬ 
struction and operation of railroads, the actual cost of such con¬ 
struction and operation of railroads, the actual cost of transporting 
freights and passengers on railroads, and on canals, rivers, and 
other navigable waters of the United States, the charges imposed 
for such transportation of freight and passengers, and the ton¬ 
nage transported; and the reports now by law required to be 
prepared and published monthly in the said Bureau of Statistics 
shall hereafter be prepared and published quarterly, under the 
direction of the Secretary of the Treasury.— Sup. p. 155, March 

3. •875- 

Registered bonds and written records may be bound at the 
Treasury Department.— R. S. 3787. 

The Secretary of the Interior is charged with receiving, arrang¬ 
ing, and safe-keeping for distribution, and of distributing to the 
persons entitled by law to receive the same, all printed journals 
of the two Houses of Congress, and all other books and docu¬ 
ments of every nature whatever, already or hereafter directed by 
law to be printed or purchased for the use of the Government, 
except such as are directed to be printed or purchased for the 
particular use of Congress or of either House thereof, or for the 
particular use of the Executive or of any of the Departments; 
and any person whose duty it shall be by law to deliver any of 
the same, shall deliver them at the rooms assigned by the Secre¬ 
tary of the Interior therefor.— R. S. 497. 

The Commissioner of Patents may print, or cause to be printed, 
copies of the claims of current issues, and copies of such laws, 
decisions, regulations, and circulars as may be necessary for the 
information of the public.— R. S. 489. 

The Commissioner of Patents is authorized to have printed 
from time to time, for gratuitous distribution, not to exceed 150 
copies of the complete specifications and drawings of each patent 
hereafter issued, together with suitable indexes.— R. S. 490. 

The Commissioner of Patents is authorized to have printed 
such additional numbers of copies of specifications and drawings, 
certified as provided in the preceding section, at a price not to 


83 


exceed the contract price for such drawings, for sale, as may be 
warranted by the actual demand for the same; and he is also 
authorized to furnish a complete set of such specifications and 
drawings to any public library which will pay for binding the 
same into volumes to correspond with those in the Patent Office, 
and for the transportation of the same, and which shall also pro¬ 
vide for proper custody for the same, with convenient access for 
the public thereto, under such regulations as the Commissioner 
shall deem reasonable.— J?. S. 491. 

The lithographing and engraving required by the two preced¬ 
ing sections shall be awarded to the lowest and best bidders for 
the interests of the Government, due regard being paid to the 
execution of the work, after due advertising by the Congressional 
Printer under the direction of the Joint Committee on Printing; 
but the Joint Cbmmittee on Printing may empower the Con¬ 
gressional Printer to make immediate contracts for engraving, 
whenever, in their opinion, the exigencies of the public service 
will not justify waiting for advertisement and award; or if, in the 
judgment of the Joint Committee on Printing, the work can be 
performed under the direction of the Commissioner of Patents 
more advantageously than in the manner above prescribed, it 
shall be so done, under such limitations and conditions as the 
Joint Committee on Printing may from time to time prescribe.— 
i?. S. 492. 

A tabular statement of the items paid out up to November ist 
in each year of the appropriations made for the Indian Depart¬ 
ment for the fiscal year previously ending, each item being placed 
under the appropriation from which it was paid in such manner 
as to show the disposition made of each appropriation and the 
amount unexpended of each; also, an itemized statement of the 
salaries and incidental expenses paid at each agency for the said 
year, and the appropriations out of which paid, and the number 
of Indians at each agency. * * *—18 SfaL L. p. 450, March 

1875. 

That it shall be the duty of the Commissioner of Indian Af¬ 
fairs to cause to be compiled and printed for the use of Indian 
agents and inspectors the provisions of the statutes regulating 


84 


the performance of their respective duties, and also to furnish 
said officers from time to time information of new enactments 
upon the same subject.—22 L. p» 88, May 17, 1882. 

The Secretary of the Navy is authorized to cause to be pre¬ 
pared, at the Hydrographic Office attached to the Bureau of 
Navigation in the Navy Department, maps, charts, and nautical 
books relating to and required in navigation, and to publish and 
furnish them to navigators at the cost of printing and paper, and 
to purchase the plates and copyrights of such existing maps, 
charts, navigators, sailing directions and instructions, as he may 
consider necessary, and when he may deem it expedient to do 
so, and under such regulations and instructions as he may pre¬ 
scribe.— R. S. 432. 

All moneys which may be received from the sale of maps, 
charts, and nautical books shall be returned by the Secretary of 
the Navy into the Treasury of the United States, to be used in 
the further preparation and publication of maps, charts, naviga¬ 
tors, sailing directions, and instructions for the use of seamen, to 
be sold at the rates as set forth in the preceding section.— R. S. 
433 - 


APPROPRIATIONS FOR FISCAL YEAR 1883-1884. 

.SALARIES. 

For compensation of the Public Printer, $4,500; for chief clerk, 
$2,400; four clerks of class four; one clerk of class one; in all, 
$15,300.—22 S^af. L.p, 536, March 3, 1883. 

CONTINGENT EXPENSES. 

For contingent expenses of his office, namely: For stationery, 
postage, advertising, traveling expenses, horses and wagons, and 
miscellaneous items, $3,000.—22 Stat. L.p. 536, March 1883. 



85 


PUBLIC PRINTING AND BINDING. 

For the public printing, for the public binding, and for paper 
for the public printing, including the cost of printing the debates 
and proceedings of Congress in the Congressional Record, and 
for lithographing, mapping, and engraving for both houses of 
Congress, the Supreme Court of the United States, the supreme 
court of the District of Columbia, the Court of Claims, the Library 
of Congress, and the Departments, including salaries or compen¬ 
sation of all necessary clerks and employes, for labor (by the day, 
piece, or contract), and for all the necessary materials which may 
be needed in the prosecution of the work, $2,500,000; and from 
the said sum hereby appropriated printing and binding may be 
done by the Public Printer to the amounts following, respectively, 
namely: For printing and binding for Congress, including the pro¬ 
ceedings and debates, $1,402,000; for the State Department, 
$15,000; for the Treasury Department, $250,000; for the War De¬ 
partment, $170,000 (of which sum $12,000 shall be for the cata¬ 
logue of the library of the Surgeon-General’s Office); for the Navy 
Department, $50,000; for the Interior Department $380,000 (of 
which sum $10,000 is appropriated for rebinding tract-books for 
the General Land Office); for the Defiartment of Justice, $10,000; 
for the Post-Office Department, $150,000; for the Agricultural 
Department, $20,000; for the Supreme Court of the L^nited 
States, $25,000; for the supreme court of the District of Columbia, 
$1,000; for the Court of Claims, $8,000; and for the Library of 
Congress, $19,000. And no more than an allotment of one-half 
of the sum hereby appropriated shall be expended in the two first 
quarters of the fiscal year, and no more than one-fourth thereof 
may be expended in either of the two last quarters of the fiscal 
year, except that in addition thereto, in either of said last quar¬ 
ters, the unexpended balances of allotments for preceding quarters 
may be expended. * * *—22 Stat, L. p. 629, March 1883. 

AGRICULTURAL REPORT, 1881-1882. 

That there be printed 300,000 copies of the Annual Report of 
the Commissioner of Agriculture for the year 1881; * * * 

and $219,161.54, of so much thereof as ma^ be necessary, is 


hereby appropriated out of any money in the Treasury not other¬ 
wise appropriated to carry out this joint resolution*—22 Siat. L. 
/• 395? S, 1882. 

AGRICULTURAL REPORT, 1883. 

That there be printed 300,000 copies of the Annual Report of 
the Commissioner of Agriculture for the year 1883; * *** 

and the sum of $220,000, or so much thereof as may be neces¬ 
sary, is hereby appropriated to defray the cost of publication.— 
22 Stai, L, p. 641, March 3, 1883. 

REPORTS TENTH CENSUS. 

d’hat the Reports of the Tenth Census of the United States be 
printed * * * and the sum of $678,624.61, or so much 

thereof as may be necessary to defray the cost of the above- 
named printing and binding, be, and the same is hereby, appro¬ 
priated, out of any moneys in the Treasury not otherwise appro¬ 
priated.—22 Stat. L. p. 344, Aug. 7, 1882. 

REPAIRS. 

For water-closets, $7,500? For reflooring, $5,000.—22 Stai. 
L. p. 629, March 3, 1883. 

REMOVAL AND STORAGE OF CERTAIN PROPERTY. 

That the Public Printer be, and he hereby is, directed to re¬ 
move forthwith from the Government Printing Office so much of 
the property of the United States in the upper stories thereof as 
shall, in his opinion, and in the opinion of the Architect of the 
Capitol, render said building entirely safe for the persons em¬ 
ployed therein. 

Sec. 2. That the Public Printer be, and he hereby is, authorized 
and required to procure suitable storage room, as near said build¬ 
ing as practicable, for the temporary storage of the property of 
the Government so to be removed from said building; and the 
sum of $5,000, or so much thereof as shall be necessary, is 
hereby appropriated for the purposes aforesaid.—22 Stat. L. p. 
637, Feb. 6 , 1883* 


87 


EXTRACTS FROM THE RULES OF THE SENATE. 

[See McDonald’s Manual, edition of i88i.] 

A Committee on Printing, to consist of three Senators, who 
shajl have power also to act jointly with the same committee of 
the House of Representatives .—Page 143. 

53. Every motion to print documents, reports, or other matter 
transmitted by either of the Executive Departments, or to print 
memorials, petitions, accompanying documents, or any other paper 
except bills of the Senate or House of Representatives, resolu¬ 
tions submitted by a Senator, communications from the legisla¬ 
tures or conventions, lawfully called, of the respective States, and 
motions to print by order of the standing or select committees 
of the Senate, shall, unless the Senate otherwise order, be referred 
to the Committee on Printing. When a motion is made to 
commit with instructions, it shall be in order to add thereto a 
motion to print .—Page 147. 

54. Motions to print additional numbers shall also be referred 
to the Committee on Printing; anc^ when the committee shall 

•report in favor of printing additional numbers, the report shall 
be accompanied by an estimate of the probable cost thereof; and 
when the cost of printing such additional numbers shall exceed 
the sum of $500, the concurrence of the House of Representa¬ 
tives shall be necessary for the order to print the same .—Page 
147. 

55. Every bill or joint resolution introduced on leave or reported 
from a committee, and all bills and joint resolutions received from 
the House of Representatives, and all reports of committees, 
shall be printed, unless, for the dispatch of the business of the 
Senate, such printing may be dispensed with .—Page 148. 


88 


EXTRACTS FROM THE RULES OF THE HOUSE OF 
REPRESENTATIVES. 

[See Smith’.s Digest, Cth edition, 2d session 47th Congress.] 

DUTIES OF THE CLERK. 

He shall make, and cause to be printed and delivered to 
each member or mailed to his address, at the commencement of 
every regular session of Congress, a list of the reports which it is 
the duty of any officer or Department to make to Congress, 
referring to the act or resolution and page of the volume of the 
laws or Journal in which it may be contained, and placing under 
the name of each officer the list of reports required of him to be 
made; also make a weekly statement of the resolutions and bills 
upon the Speaker’s table, accompanied with a brief reference to 
the orders and proceedings of the House upon each, and the 
dates of such orders and proceedings, which statement shall be 
printed .—Rule III, clause 2. 

He shall note all questions of order, with the decisions there¬ 
on, the record of which shafl be printed as an appendix to the 
Journal of each session, and complete, as soon after the close 
of the session as possible, the printing and distribution to Mem¬ 
bers and Delegates of the Journal of the House, together with 
an accurate and complete index; retain in the library at his office, 
for the use of the members and officers of the House and not to 
be withdrawn therefrom, two copies of all the books and printed 
documents deposited there; send, at the end of each session, a 
printed copy of the Journal thereof to the executive and to each 
branch of the legislature of every State and Territory; preserve 
for and deliver or mail to each Member and Delegate an extra 
copy, in good binding, of all documents printed by order of either 
House of the Congress to which he belonged. * * *—Rule 

III, clause 3. 

Pairs shall be announced by the Clerk, after the completion 
of the second roll-call, from a written list furnished him, and 
signed by the member making the statement to the Clerk, which 


89 


list shall be published in the Record as a part of the proceedings, 
immediately following the names of those not voting; Provided 
pairs shall be announced but once during the same legislative 
day.— Rule VIII^ clause 2. 

Unless otherwise specially ordered by the House, the Speaker 
shall appoint, at the commencement of each Congress, the fol¬ 
lowing standing committees, viz: * * * On Printing, to con¬ 
sist of three members.— Rule clause i. 

All proposed legislation or orders touching printing shall be 
referred to the Joint Committee on Printing on the part of the 
House.— Rule XI^ clause 45. 

The following-named committees shall have leave to report at 
any time on the matters herein stated, viz: * * * The Com¬ 
mittee on Printing, on all matters referred to them of printing for 
the use of the House or two houses.— Rule XI, clause 47. 

CALENDARS. 

1. There shall Be three calendars of business reported from 
committees, viz: 

First. A Calendar of the Committee of the Whole House on 
the state of the Union, to which shall be referred bills raising 
revenue, general appropriation bills, and bills of a public char¬ 
acter, directly or indirectly appropriating money or property; 

Second. A House Calendar, to which shall be referred all bills 
of a public character not raising revenue nor directly or indirectly 
appropriating money or property; and 

Third. A Calendar of the Committee of the Whole House, to 
which shall be referred all bills of a private character. 

2. The question of reference of any proposition, other than 
that reported from a committee, shall be decided without debate, 
in the following order, viz: A standing committee, a select com¬ 
mittee; but the reference of a proposition reported by a commit¬ 
tee, when demanded, shall be decided according to its character, 
without debate, in the following order, viz: House Calendar, 
Committee of the Whole House on the state of the Union, Com¬ 
mittee of the Whole House, a standing committee, a select com¬ 
mittee.— Rule XIJI. 


90 


RECONSIDERATION. 

No bill, petition, memorial, or resolution, referred to a com 
mittee or reported therefrom, for printing and recommitment, 
shall be brought back into the House on a motion to reconsider; 
and all bills, petitions, memorials, or resolutions reported from a 
committee shall be accompanied by reports in writing, which 
shall be printed .—Rule XVIII^ clause 2. 

Members having petitions or memorials to present may deliver 
them to the Clerk, indorsing their names and the reference or 
disposition to be made thereof; and said petitions and memorials, 
except such as, in the judgment of the Speaker, are of an obscene 
or insulting character, shall be entered on the Journal together 
with the names of the members presenting them, and the Clerk 
shall furnish a transcript thereof to the official reporters of de¬ 
bates for publication in the Record .—Rule XXII, clause i. 

ORDER OF BUSINESS. 

On all days other than Monday, as soon^ as the Journal is 
read and approved, and on all Mondays (except the first and 
third in each month) after the call of States and Territories, there 
shall be a morning hour for reports from committees, which shall 
be appropriately referred and printed, and a copy thereof mailed 
by the Public Printer to each Member and Delegate; and the 
Speaker shall call upon each standing committee in regular order 
and then upon the select committees; and if the whole of the 
hour is not consumed by this call, then it shall be in order to 
proceed to the consideration of other business; but if he shall not 
complete the call within the hour, he shall resume it in the suc¬ 
ceeding morning hour where he left off .—Rule XXIV, clause 2. 

MESSAGES. 

Messages received from the Senate and the President of the 
United States giving notice of bills passed or approved shall be 
entered in the Journal and published in the Record of that day’s 
proceedings .—Rule XLI. 


91 


COPIES FOR LIBRARY OF CONGRESS. 

Washington, October 24, 1868. 

Sir : I have the honor to call your attention to the provisions 
of the resolution of Congress inclosed, approved July 25, 1868, 
and to request that the 50 copies of all documents now being 
printed and hereafter to be printed at the Congressional Printing 
‘ Office, whether by order of either House of Congress or of any 
Department or bureau of the Government, be furnished by you, 
as fast as each edition is printed and bound, to the Librarian of 
Congress, for the purpose specified in the resolution. 

I would also request that, of the Patent-Office Report and 
Agricultural Report now being printed, 100 copies additional (or 
150 copies in all) be delivered to the Librarian for the purpose 
indicated. 

In behalf of the Joint Committee on the Library. 

Your obedient servant, 

E. D. Morgan, Chairman. 

J. D. Defrees, Esq., 

Cofigressional Printer. 

Washington, September 22, 1869. 

Dear Sir: Your attention is respectfully called to the provis¬ 
ions of the resolutions of Congress, approved July 25, 1868, re¬ 
quiring the Congressional Printer to furnish to the Librarian of 
Congres, 50 copies of all documents printed, under whatever 
authority, for the purpose of exchanging the same for the publica¬ 
tions of foreign Governments, which are to be deposited in this 
Library. 

The official direction from the chairman of the Joint Commit¬ 
tee on the Library, to print and deliver these documents required 
by the resolution, was communicated to your predecessor, J. D. 
Defrees, on the 24th of October, 1868. {See Letter of Hon. E. 
D. Morgan, chairman, of said date.) The only reply received 
was a verbal assurance from Mr. Defrees to the undersigned 


92 


that the documents should be regularly forwarded, and that the 
150 copies (50 regular and 100 extra) of the Agricultural and 
Patent Office Reports for 1867, then on the press, would also be 
supplied. Not having received any documents whatever under 
this act of Congress, and the purpose of the same being to enrich 
the Library with as large a number and variety of the documents 
of foreign Governments as can be procured in exchange for our 
own, you are requested to have placed at my disposal 50 copies 
of each book, pamphlet, circular, army order, or other publica¬ 
tion, by whatever authority printed, and 100 copies additional 01 
all documents printed in excess of the usual number, to enable 
me to carry out the resolution of Congress referred to. 

Very respectfully, 

A. R. Spofford, 

Librarian. 

Col. A. M. Clapp, 

Co 7 igressional Printer. 


Washington, Septembet 30, 1869. 

Dear Sir: In reference to the documents, not of Congress, 
but of the Departments and bureaus of the Government, 01 
which 50 copies are required by resolution of Congress to be fur¬ 
nished to the Library for international exchange, I have to say, 
that all such documents as are printed at the public expense (with 
the single exception of private instructions or confidential official 
communications) are important, and will properly be furnished. 
The foreign Governments with which the exchanges are made 
lurnish us with great fullness the specially printed documents they 
print, in each Department of their public service, and it is desired 
to make a return in kind. 

With high respect, your obedient servant, 

A. R. Spofford, 
Libi'arian. 

Hon. A. M. Clapp, 

Congressional Fruiter. 


93 


EXTR'ACTS FROM OPINIONS OF ATTORNEYS-GEN- 

ERAL. 

[Opinions of Attorneys-General, vol. 14, p. 58.] 

PRINTING DRAWINGS OF PATENTS. 

Ly act of March 3, 1871, chap. 113, an appropriation was made to meet {inter 
alia) the expense of publishing specifications and drawings required by the 
Patent-Office during the year ending June 30, 1872; the appropriation was to 
be disbursed by the Superintendent of Public Printing, under whose direc¬ 
tion the execution of the work mentioned was then placed; but by the act 
of March 24, 1871, chap. 5, the Joint Committee of Congress on Printing 
was authorized to transfer the direction of the work to the Commissioner of 
Patents, should it be deemed expedient to do so, and on the i6th of June, 
1872, such transfer was made: Held that, notw'ithstanding the transfer of 
the direction of the \\ork, the appropriation was still applicable to the pay¬ 
ment of expenses incurred in its prosecution, and might therefore be em¬ 
ployed by the Superintendent of Public Printing in payment of work done 
under the direction of the Commissioner of Patents; yet held, also, that 
under section 5 of the act of July 12, 1870, chap. 251, the appropriation 
having been made specifically for the fiscal year ending June 30, 1872, was 
only applicable to expenses incurred during that year, or to the fuftllment 
of contracts made within the same period. 

Department of Justice, 

yufy 13,1872. 

Your letter of the 8th instant referred to me a communication 
addressed to you by the acting Commissioner of Patents, Mr. 
Thacher, suggesting a question in regard to the printing of the 
specifications and drawings of patents. 

The case presented by the acting Commissioner is substan¬ 
tially this: By the act of March 3, 1871, providing for the legis¬ 
lative, executive, and judicial expenses of the Government for 
the year ending June 30, 1872, the sum of $91,000 was appro¬ 
priated for the “lithographing, engraving, mapping copies of 
maps, plans, and diagrams in fac simile on tracing linen.” (16 
Stat. 478.) This appropriation was to be disbursed by the Su¬ 
perintendent of Public Printing, and was designed to meet 
expenses incurred for publishing specifications and drawings re¬ 
quired by the Patent-Office under the provisions of the joint 


94 




resolution of January ii, 1871 (16 Stat. 590), as well as for 
lithographing, engraving, &c., required by other Departments of 
the public service. 

The execution of the work for the Patent-Office, by the terms 
of that resolution, was placed under the direction of the Superin¬ 
tendent of the Public Printing. But by the ist section of the 
act of March 24, 1871 (17 Stat. 2), it was enacted “that if, in 
the judgment of the Joint Committee on Printing, the provisions 
of the joint resolution providing for the publishing specifications 
and drawings of the Patent-Office, approved January ii, 1871, 
can be performed under the direction of the Commissioner of 
Patents more advantageously than in the manner provided in said 
joint resolution, it shall be so done, under such limitations and 
conditions as the Joint Committee on Printing may, from time 
to time, prescribe.” And on the loth of June, 1872, the said 
Joint Committee determined that the publication of such specifi¬ 
cations and drawings could be more advantageously made under 
the direction of the Commissioner of Patents, to whom the same 
was accordingly transferred, subject to certain limitations and 
conditions which it is unnecessary to here state. 

Updli this, I understand, the question has arisen whether, since 
the transfer of the direction of the work referred to, made by the 
Joint Committee, as aforesaid, the above-mentioned appropria¬ 
tion is still applicable to the payment of expenses incurred in the 
prosecution of that work; that is to say, work done or that may 
be done under the direction of the Commissioner of Patents. 

The mere transfer of the direction of the said work from one 
office to another does not, as I conceive, affect the applicability 
of that appropriation or divert it from any of the objects for which 
it was intended. The appropriation, after the transfer, still re¬ 
mained the proper and the only fund out of which the expenses 
of the work were payable, and might still be disbursed by the Su¬ 
perintendent of Public Printing for that purpose. Yet it is to 
be observed that the appropriation was made specifically for the 
service of the fiscal year ending June 30, 1872, and that under 
the 5th section of the act of July 12, 1870 (16 Stat. 251), it can 
only be applied to the payment of expenses properly incurred 
during that year, or to the fulfillment of contracts properly made 


95 


within that year. Subject to these restrictions, then, I am of the 
opinion that the appropriation may be employed by the Super¬ 
intendent of Public Printing in payment of work of the kind 
referred to that has been done or that may be done under the 
direction of the Commissioner of Patents. 

The papers which accompanied your letter are herewith re¬ 
turned. 

I have the honor to be, &c.. 

Geo. H. Williams. 

Hon. C. Delano, 

Secretary of the Interior, 


[Opinions of Attorneys-General, vol. i6, p. 57.J 

DEPARTMENTAL PRINTING AND BINDING. 

The provision in the sundry civil act of June 20, 1878, chap. 359, that “no 
books shall be printed and bound except when the same shall be ordered 
by Congress or are authorized by law,” operates to prohibit the practice 
which theretofore existed (under implied authority of law) of printing 
and binding reports, &c., made in the course of departmental business, 
and requires that thenceforth for such printing and binding there must 
be express statutory authorization. ^ 

Department of Justice, 

Washington, July 2, 1878. 

The Secretary of the Navy: 

Sir: Yours of the 29th ultimo, addressed to the Attorney-Gen¬ 
eral, asking for an opinion upon a clause contained in the sundry 
civil act passed at the late session of Congress, has been received, 
and herewith I submit for your consideration a reply. The clause 
in question is as follows: “And hereafter no binding shall be done 
for any Department of the Government except in plain sheep or 
cloth, and no books shall be printed and bound except when the 
same shall be ordered by Congress or are authorized by law.” 

If the above phrase “authorized by law” be treated as refer¬ 
ring either (i) to future law only, or (2) to law in gefieral, the 
previous prohibition becomes either (i) superfluous or (2) nuga¬ 
tory; for, under the former hypothesis, in the absence of that 
phrase the prohibition would be subject all the same and equally 
to all future legislation, and under the latter the exception would 


96 


be as wide as the command, and would leave things just as they 
were before. 

Such interpretation must therefore be rejected. The proper 
solution, as I apprehend, is to be found in some npdified sense 
of the word law in the phrase above quoted. It has been the 
practice, I understand, to consider heads of Departments vested 
impliedly with authority of law to print and bind whatever re¬ 
ports, &c., are made in the course of departmental business. I 
interpret the above prohibition as operating upon this practice, 
and requiring hereafter for such printing and binding express stat¬ 
utory authorization. 

That which is spoken of is “printing and binding;” not prints 
ing alone, or binding alone; although of course the prohibition 
extends to such operation in future, whether ordered at once or 
successively. 

Presuming that what I have said above is substantially a fulj 
reply to your communication, I shall not refer more particularly 
to its details. 

Very respectfully. 




S. F. Phillips, 
Actifig Attorney-General. 


[Opinions of Attorneys-General, vol. i6, p. 127.] 

NAUTICAL ALMANAC. 

The printing and binding at the Government Printing Office of the book 
called “The American Ephemeris and Nautical Almanac” for the Navy 
Department are within the appropriation made by the act of June 20, 1878, 
chap. 359, for printing and binding for that Department, and accordingly are 
authorized by law. 

Department of Justice, 

IVashington, September 10, 1878. 
The Secretary of the Navy : 

Sir: Herewith I submit a reply to yours of the 6th instant, ad¬ 
dressed to the Attorney-General, asking whether the American 
Ephemeris and Nautical Almanac can be printed and bound at 
the Government Printing Office under the provisions of law now 
existing, especially in view of that contained in the appropriation 
act of June 20 last, to the effect that “no books shall be printed 



97 


and bound except when the same shall be ordered by Congress 
or are authorized by law.” 

Upon consideration, it seems to me that the printing and bind¬ 
ing of the Nautical Almanac is authorized by law. 

In the first place, a nautical almanac is well known to be a 
book. It is a “nautical book” of the sort mentioned in section 
432 of the Revised Statutes. 

The machinery by which the Secretary is authorized from year 
to year to have this book made is to be found in section 3661 of 
the Revised Statutes, in connection with the annual reports by, 
and the appropriations for, that officer. By the former provision 
the Secretary is to submit to Congress an estimate “ for printing 
and binding to be executed under the direction of the Congres¬ 
sional Printer.” In response to such estimate for the present 
year, Congress, by the act of June 20 above mentioned, appro¬ 
priated for printmg and binding for the Navy Department^ 
That the nautical book called The American Ephem- 
eris and Nautical Almanac is entitled to the benefit of that 
appropriation appears by the act making appropriations for the 
Naval Service, &c., of May 4, 1878, where one of the items is 
“for expenses of Nautical Almanac,” no sum being mentioned 
in that connection, but the provision being left to be explained 
by the appropriation which follows, preparing that work for 
publication, and by that in the act of June 20, 1878, above cited, 
covering printing and bindmg for the Navy Departfnent. 

I submit my opinion, therefore, that there is an express author¬ 
ization by law for not only the preparation but also the printmg 
and binding of the Nautical Almanac during the present year at 
the office of the Congressional Printer. 

Very respectfully, your obedient servant, 

S. F. Phillips, 

Solicitor-General and Acting Attorney-General, 
862 P P-7 


98 


DECISION OF JUDGE A. WYLIE IN THE SUPREME 
COURT, D. C. 

EXTRA COPIES. 

If any person desiring extra copies of any document printed 
at the Government Printing Office by authority of law shall, pre¬ 
vious to its being put to press, notify the Congressional Printer 
of the number of copies wanted, and shall pay to him, in advance, 
the estimated cost thereof, and lo per cent, thereon, the Con 
gressional Printer may, under the direction of the Joint Commit¬ 
tee on Public Printing, furnish the same.— E. S. 3809. 

It appears that the Joint Committee of Congress has control of 
this subject of pripting at the Government Printing Office. It is 
beyond the power of the court to make an order which will 
supersede their authority. Therefore, without passing upon the 
question arising as to the meaning of the word “documents” 
here, it is clear that the counsel for the defense have not brought 
themselves within the terms of this section. They have shown 
no authority from the Joint Committee on Public Printing. On 
that ground I would overrule the motion.— Dec. 19, 1882. 


99 


[i Lawrence Compt. Dec. 2d ed. p. 31.] 

EXTRACTS FROM DECISIONS OF THE FIRST COMP¬ 
TROLLER OF THE TREASURY. 

IN THE MATTER OF EMPLOYES IN GOVERNMENT PRINTING 
OFFICE—HOLIDAY CASE. 

1. In construing a statute in which there is ambiguity, the real intention of 

the law-making power, as gathered from recognized sources of interpre¬ 
tation and construction, must prevail, though contrary to the ordinary 
meaning of the mere letter of some parts of the act. 

2. Rules of construction stated. 

3. The joint resolution of Congress of April 16, 1880, giving pay to the em¬ 

ployes of the Government Printing Office for legal holidays, including 
July 4, when employes of other Departments are so paid, was intended 
to give pay for Motiday^ 5 » it having, by usage in the Departments, 
been adopted as the holiday when Sunday happened to be the 4th of July. 

4. It was the holiday rather than the day to which the gratuity was intended 

to be applied. 

Treasury Department, 

First Comptroller’s Office, 
Washington^ D. C, August 2, 1880. 
Sir : I have the honor to acknowledge the receipt of letters of 
the 28th and 31st ultimo, from John Larcombe, disbursing clerk 
for the Public Printer, in his absence, calling my attention to the 
joint resolution of April 16, 1880, providing for payment of 
wages to employes in the Government Printing Office for legal 
holidays, and inquiring if the employes of the Government Print¬ 
ing Office may be paid wages for the 5th of July as a holiday, 
the 4th having fallen on Sunday, and the office having been 
closed on the 5th as a holiday. 

The joint resolution provides: “That the employes of the Gov¬ 
ernment Printing Office shall be allowed the following legal holi¬ 
days with pay, to wit: the ist day of January, the 22d day of 
February, the 4th day of July, the 25th day of December, and 
such day as may be designated by the President of the United 
States as a day of public fast or thanksgiving: Provided, That 


100 


the said employes shall be paid for these holidays only when the 
employes of the other Government Departments shall be so paid: 
And provided further^ That nothing herein contained shall author¬ 
ize any additional payment to such employes as receive annual 
salaries.” 

Your inquiry relates to pay for the 5th of July. 

If we adhere to the strict letter of the resolution and apply it 
to the subject of your inquiries, it only declares the 4th day of 
July a legal holiday, and provides that certain employes of the 
Government Printing Office shall be paid for this holiday when 
the (like) employes of other Government Departments shall be 
so paid. The employes of other Departments were not so paid 
for that day. The resolution does not in terms provide that in 
case the 4th day of July shall fall on Sunday another day may 
be substituted instead. 

But there is a maxim applicable to the construction of statutes, 
qui hoeret in Utera^ hoeret in cortice. The mere letter must yield to 
the intention of the law-making power. 

Sedgwick says “that in construing a statute, the judges have a 
right to decide in some cases even in direct contravention of its 
language,” * * * in order to give effect to the intention. 

Statutes are to be construed according to the intention of 
the makers, if this can be ascertained with reasonable certainty, 
although such construction may seem contrary to the ordinary 
meaning of the letter of the statute. * * * 

In Brown vs. Somerville, 8 Md. 444, the supreme court of 
that State says: “The words of an act may be disregarded when 
that is necessary to arrive at the intention of law-makers.” 

Construction can be carried to this extent only when there is 
real ambiguity and doubt.—4 DaL 30. 

Statutes like that under consideration, which are designed to 
secure equality in privileges and exemptions among classes of 
Government employes, and especially for those engaged in pro¬ 
ductive labor, are entitled to a liberal construction, and to what 
is called the equity of the statute in their favor.—4 Dutch, 523; 
Story Eq. 754. 

In the construction of statutes, it is permitted to look outside 


101 


of the statute to learn the previous state of the law, and the mis¬ 
chiefs which the statute was passed to obviate.— Sedgwick, 202. 

And where a statute is applicable only to a particular place, 
doubtful words may be construed with reference to the usage of 
that place. * * * 

There had been a usage in the Government Printing Office 
for many years, by which holidays were observed and the em¬ 
ployes paid as if they had rendered service. And if a holiday fell 
on Sunday, the next day was observed and employes paid there¬ 
for. Thus, the 4th of July was on Sunday in 1869 and 1875, 
and the ist of January was on Sunday in 1865, 1871, and 1876, 
but in each case the next day was observed and paid for. This 
usage was subsequently discontinued. 

The other Departments of the Government for many years ob¬ 
served, and continue to observe, the usage which had prevailed 
in the Government Printing Office. The discontinuance of the 
usage in the Government Printing Office left the employes therein 
less favored than those of other Departments The object of the 
statute was to place all on the same footing, and give like advan¬ 
tages to all rendering service in like manner. The joint resolu¬ 
tion was aimed not so much at any day as the holidays, or days 
observed as such. The evident design was that no distinction 
should be made on account of the place of service. Without this 
construction, the equity of the resolution in some measure fails. 

The employes in the Government Printing Office, who do not 
receive annual salaries, or salaries fixed upon the basis of an 
annual salary, are, therefore, entitled to pay for the holiday ob¬ 
served as for the 4th day of July, in the same manner as employes 
similarly situated in other Departments. 

I have the honor to be, respectfully, 

Wm. Lawrence, 

First Co 7 nptroller, 

Hon. John D. Defrees, 

Public Printer, Washington, D. C. 


102 


[i Lawrence Compt. Dec. 2d ed. pp. i6o, i6i.] 

IN *rHE MATTER OF THE GOVERNMENT PRINTING OFFICE. 
MESSENGER’S CASE. 

1. The Government is not liable for the torts of its officers or agents. Hence, 

2. When a messenger, employed by the Superintendent of the Government 

Printing Office, has by his wrongful acts caused the death of a horse 
hired for the public service, the owner of the horse has no legal claim on 
the Government by reason of the loss. 

3. The agent is personally liable for his tort to the owner of the horse. 

In 1879, Superintendent of the Government Printing 
Office, in pursuance of authority conferred upon him by act of 
Congress, hired a horse from a resident of the District of Colum¬ 
bia for a compensation agreed upon, to be used by a messenger 
of the office. The messenger wrongfully maltreated the horse, 
by reason of which he died. 

The question, whether the owner of the horse can be paid the 
reasonable value thereof out of moneys appropriated for the gen¬ 
eral purposes of the Government Printing Office, is now submit¬ 
ted to the First Comptroller by the Superintendent of that office. 

Decision by William Lawrence, First Comptroller: 

The messenger whose wrongful acts caused the death of the 
horse is clearly liable to the owner thereof for his value. The 
Government is not responsible for the torts or wrongful acts of 
its officers or agents. This has been repeatedly determined by 
the Supreme Court of the United States. 

The exemption of the Government from liability rests upon the 
well-settled principle that a wrong cannot be imputed to it. This 
principle is derived from the English common law, and is equally 
applicable in this country as in Great Britain. It is a rule of 
public policy, and its maintenance is indispensable to secure the 
public interests. If the Government could be held responsible 
for the torts of its officers, it would be involved in many liabili¬ 
ties, and citizens would, in many cases, feel relieved of the obli¬ 
gation to aid in preventing or detecting wrongful acts of officers 
or agents. If the Government should be held liable for torts of 
this character, the result would be, frequently, to invite their 


103 


commission, which might be made to inure to the benefit ot 
parties making claims against the Government. 

It is said in Broom’s Legal Maxims, page 62: “The ordinary 
maxim, Respo 7 ideat supe 7 'io}\ has, then, no application to the 
Crown, for the Crown cannot, in contemplation of law, com¬ 
mand a wrongful act to be done. It may be stated, moreover, 
as a rule of the common law, that the Crown cannot be preju¬ 
diced by the laches or acts of omission of any of its officers.” 

It is unnecessary to quote authorities, for the principles stated 
are universally recognized. 

The Government cannot pay for the horse. 

Treasury Department, 

Fh'st Co 77 iptroll€ 7 ^s Office^ Sept. 24, 1880. 


[2 Lawrence Compt. Dec. 2d ed. p, 32.] 

* # # * # 

It must be understood, also, that when the Government em¬ 
ploys minors in its service, payments of compensation made to 
them can give no right of reclamation to a parent-guardian, 
or to the minor on his arriving at majority, because the assent of 
the parent or guardian to such employment must be conclusively 
presumed while the employment is permitted by him to continue. 
And when the employment is in pursuance of law, and payment 
made accordingly, no further claim can exist. 

* * * # # 

[2 Lawrence Compt. Dec. 2d ed. p. 120.] 

PURCHASE OF COAL AND WOOD WITHOUT INSPECTION. 


5. Inspectors, under section 3711, are to be appointed by the head of the 
Department for the service of which purchases are made. If the pur¬ 
chase is for a branch of the public service not under the control of a 
regular Department, {^e. g., the “ Government Printing Office ” or the 
“Botanical Garden,”) the chief officer of such branch appoints the 
inspector. 

# # # # » 

7. The term “Department,” as generally used in statutes, does not include 
the “Government Printing Office,” the “Botanical Garden,” the 
“benevolent institutions,” and similar independent establishments. 


104 


8. The bonds required of inspectors, under section 3711 of the Revised 

Statutes, should, as a nnatter of convenience, be filed in the Treasury 

Department. 

9. The inspectors are not officers. Hence, evidence of their appointment 

should be required by accounting officers. 

# « * # ♦ 

In a more comprehensive and popular sense the word “ De¬ 
partment” sometimes includes Congress, the legislative depart¬ 
ment; and the Courts, the judicial department. (Const. Art. I, 
sec. 8, cl. 18.) It sometimes has a Territorial application (Parker 
vs. U. S. I Pet. 293); but generally, when used in statutes, it 
applies technically and strictly only to the seven Executive De¬ 
partments. 

The term “Department” does not generally, in statutes, include 
the “Government Printing Office,” whose chief officer is the 
“ Public Printer,” but not an officer of any “ Department.” (Rev. 
Stats. 3758; 19 Stats. 145, 146.) Benevolent institutions con¬ 
trolled by officers and agents of the Government, .and supported 
by it, but not connected with or under the control of any Depart¬ 
ment, do not generally fall within the term “ Department ” as used 
in the statutes. The Government Printing Office is a “ branch ot 
the public service,” whose “chief” officer appoints inspectors 
under section 3711. The “ Botanical Garden ” is not a “ Depart¬ 
ment”—it is an independent branch oi the public service”; it 
grew up, and has continued to flourish^ on annual appropriations. 
(Rev. Stats. 1826, 1827, 1832, 1833; 21 Stats. 215, 238, 272.) 

The law does not in direct terms specify the form or declare 
what disposition shall be made of the bonds of inspectors under 
section 3711 of the Revised Statutes; but section 3713 makes it 
the duty of the accounting officers of the Treasury Department, 
before passing any voucher, to require “ a certificate of the proper 
inspector * * * that the quantity paid for has been deter¬ 

mined by such officer.” 

For this purpose, evidence of the appointment of the inspector 
should be produced. The law requires it. (Rev. Stats. 3712.) 
Mere evidence that a person was acting as such might not be 
quite satisfactory, since these inspectors are not officers. (U. S. 
vs. Germaine, 99 U. S. 508.) Hence no officer is bound, in legal 
contemplation, to know who are inspectors. The bond duly ap- 


105 


proved would be evidence of such appointment; but this is not 
the only evidence which can be receiv'ed. 

It would be a convenient practice for all officers taking bonds 
to which access may be necessary or desirable in the settlement 
of accounts, to file them in the Treasury Department, where they 
would be within reach of all the accounting officers. 

[2 Lawrence Compt. Dec. 2d ed. p. 199. J 

IN THE MATTER OF COMPENSATION FOR HOLIDAYS TO 
PER DIEM GOVERNMENT EMPLOYES —HOLIDAY CASE 
(SECOND). 

1. Under the joint resolution of Congress of March 3, 1881, employes of the 

Government in Washington are entitled to be paid the usual per diein 
compensation for the 4th of March and 30th of May, 1881, without being 
required to render service on either of those days. 

2. If an employ^ on a compensation perform service on either 

of those days by the order of the officer under whose direction he is, he 
is entitled to pay therefor, and to one day’s pay additional, as for the 
holiday. 

3. Statutes designed to secure to laborers and employes who are paid a per 

diem compensation equality of benefits with salaried officers and with 
employes compensated for fixed periods, are to be liberally construed. 

Treasury Department, 

Office of the First Comptroller, 

April 18, 1881. 

Edward Clark, Architect of the Capitol: 

Sir: Your letter of the 12th instant is received, asking me to 
give construction to the Joint resolution of Congress approved 
March 3, 1881, which provides: “That all employes of the Gov¬ 
ernment in the city of Washington shall be paid for the 4th day 
of March and the 30th day of May, 1881, as for the other days 
on which they perform labor.” 

You state that, owing to the low condition of the appropria¬ 
tion available for the balance of the fiscal year, the per dieitt men 
employed under your direction have been divided into two 
classes, one working the first half of the month and the other the 
latter half; that nearly all the men on duty on the first half of 
the month worked on the 4th of March, 1881, and were paid 
for that day’s service; and you ask whether, under the joint res¬ 
olution, the men who worked on the 4th of March, and were 




106 


paid for their services on that day, are entitled to an extra day’s 
pay. 

It is clear that the object of this joint resolution was to give 
all employes of the Government in the city of Washington com¬ 
pensation for the 4th day of March, the day on which the Presi¬ 
dent was inaugurated, without requiring any labor for that day? 
and to pay them precisely as for other days on which they per¬ 
formed labor; in other words, they were to have a holiday with¬ 
out labor, for which they were to be paid as if they had labored. 
Having actually labored, they are entitled to compensation for 
their labor, and they are also entitled to be paid one day’s com¬ 
pensation for the same day as a holiday. 

You further inquire whether those who were detailed for serv¬ 
ice for the latter portion of the month of March, whose names 
appear on the general pay-roll for that month, are entitled to 
payment for the 4th of said month as if they were actually em¬ 
ployed on that day. 

It is clear that it was not the purpose of this joint resolution 
to distinguish between or favor one class of laborers over and 
above another. It declares that “all” employes of the Govern¬ 
ment shall be paid for the 4th of March as on other days for 
which they performed labor, without requiring labor of them on 
that day. The persons who were on the pay-rolls for the entire 
month were on the 4th of March employes'^ of the Government, 
within the meaning of this joint resolution, and are entitled to 
pay for the 4th of March as for a holiday. 

This joint resolution is entitled to a liberal construction in favor 
of the employes named in it. All legislation looking to the inter¬ 
ests of labor is to be liberally construed in favor of the laborer. 
# * 

Most of the “employes” under your direction are engaged in 
manual labor. The joint resolution includes, however, not only 
those who perform manual labor, but all who “ perform labor.” 
This phraseology embraces all who render service for which they 
are entitled to per diem compensation. It does not embrace 
employes paid a fixed salary or compensation in gross for a 
year, month, or other prescribed period. Officers and em¬ 
ployes entitled to a fixed salary, or compensation for a period of 


107 


« 


time including the 4th of March, are paid for such period, 
although they may not have been required to perform service on 
that day. 

Those whose compensation is a per diem, to be paid only by 
reason of actual service, would, in the absence of the joint resolu¬ 
tion, be less favored than the officers and other employes above 
mentioned. The joint resolution was designed to place all on 
the same footing as to receiving compensation for the 4th of 
March and Decoration Day, May 30. 

Vouchers of payments made according to the construction 
here given to the joint resolution of Congress will be approved 
and allowed in the settlement, in this Department, of the ac¬ 
counts of the disbursing officer whose duty it is to make pay¬ 
ments to said employes.* 

Respectfully, 


William Lawrence, 

First Comptroller. 


[2 Lawrence Compt. Dec. 2cl eel. p. 504.] 

IN THE MATTER OF THE RIGHT OF EMPLOYES IN THE GOV- 
ERNMEMT PRINTING OFFICE TO COMPENSATION DURING 
SUSPENSION OF WORK AS A MARK OF RESPECT TO THE 
MEMORY OF THE LATE PRESIDENT GARFELD—PRINTER’S 
CASE 

1. The Public Printer has authority to employ, at such rates of wages as he 

may deem for the interest of the Government and just to the per¬ 
sons employed, such proof-readers, compositors, pressmen, binders, 
laborers, and other hands as may be absolutely necessary for the exe¬ 
cution of the orders for public printing and binding authorized by law; 
but he is forbidden to pay for composition any greater price than 50 
cents per thousand ems, or, for time-work, more than 40 cents per hour 
to printers and bookbinders. 

2. The employes of the Government Printing Office are allowed pay for the 

legal holidays occurring oh the ist of January, the 22d of F'ebruary, 
the 4th of July, and the 25th of December, and for such day as may 
be designated by the President of the United States as a day of pub¬ 
lic fast or thanksgiving; and it is the declared sense of Congress that 
when the Government Printing Office is closed on “ Decoration Day,” 


* See Holiday case, i Lawrence Compt. Dec. p. 31 [page 99]. 




pursuant to the proclamation of the President, and the employes of 
the other Executive Departments in Washington, likewise closed, are 
paid for that day, the employes of the Government Printing Office are 
equally entitled to payment for that day. 

3. The employment by the Public Printer of the proof readers, compositors, 

pressmen, binders, laborers, and other hands composing the working 
force of his office, constitutes a contract for continuous service, which 
is to be interrupted only on such occasions as may be expressly agreed 
upon or implied from usage, or arising from the necessities of the pub¬ 
lic service or other controlling circumstance. 

4. The suspension of work at the Government Printing Office from noon on 

September 2[ to the close of working hours on September 24, 1882, as 
a mark of respect for the memory of the late President Garfield, was 
not required by the necessities of the public service, or by any other 
controlling circumstance. The employes are therefore entitled to pay 
during that time. 

5. The employes at the Government Printing Office did not find, and could 

not have found, employment in the city of Washington or vicinity 
during the suspension of work; hence, they come within the rule of 
contract law which awards a right of compensation for the time thus 
lost by them. The fact that they were not dismissed or furloughed 
makes such right conclusive on th6 Government. 

6. There is no statutory provision limiting the employes in the Government 

Printing Office to compensation only for “ the tinr.e during which they 
may be actually employed.” 

7. The Public Printer can make such contracts only, and in such form, as the 

statute may authorize, and all persons are bound at their peril to know 
the extent of his authority. If, under color of authority, he make an 
unauthorized agreement, the Government is not liable thereon. In 
this respect a public agent differs from a general private agent. 

8. The statute prescribes the rate of compensation for some of the employes of 

the Government Printing Office, but it does not in terms or by any 
reasonable construction say that there shall be no contract for continu¬ 
ous or fixed periods of service. The authority to employ is general in 
terms, and it is to be understood as giving a general authority, with no 
limitations except those enumerated or properly implied. 

9. If the authority of the Public Printer were so limited that he could make 
no contract for continuous service, no contract for continuous time, but 
only for work actually perfotmed, without privilege of continuity, then 
a suspension of the work, even without cause, would violate no con¬ 
tract, and so no right to compensation for lost time could arise. 

10. It is a general principle of law, as it is of reason and justice, that when 
• the Government, by its agent, enters into an authorized contract with 
a private citizen to pay him compensation for his services, it accepts 
the rules of law applicable to public or private corporations or indi¬ 
vidual persons as to the character and extent of its liability. 


109 


11. Congress has recognized the obligation of the Government to meet its 

contract liabilities by giving the Court of Claims jurisdiction to award 
compensation and damages to private suitors in actions for “all claims 
founded upon any • • * contract, expressed or implied, with the 

Government of the United States.” 

12. It is well settled that if a private person contracts for the service of an 

employ^ for a fixed period, and without legal justification dismisses him 
from the service, and thus terminates the contract, the employer is 
liable to pay the dismissed employ^ the contract rate during the unex¬ 
pired peiiod of service, less such sum as the employ^ might, by reason¬ 
able diligence, have earned—as it would seem, generally—“ in the 
same region,” and*in “ business of the same character.” 

13. Where an employe “is wrongfully dismissed during a quarter or other 

definite term, he may, after the quarter or term ends, recover for the 
whole in an action, not for work and labor, but for preventing him from 
doing his work.” (2 Parsons, Contracts, 6th ed. 41.) The amount to 
be recovered in such case is the pecuniary loss sustained. 

14. When an employ6 is actually dismissed without sufficient cause, and has 

earned wages elsewhere, or by reasonable diligence might have done 
so, in business of the same character, the remuneration to which he 
would otherwise be entitled is to be reduced by the amount he earned, 
or might have so earned. The burden of showing that wages were or 
might have been earned is on the employer. 

15. Employes entering upon service under the Public Printer are chargeable 

with a knowledge of the law that the Public Printer may do whatever 
the public interest or the necessities of the service may require, even 
though such interest or necessities may for a time suspend the oppor¬ 
tunity for service and the right to compensation on the part of the em¬ 
ployes under him. 

16. But when there is no express contract reserving a right to the Public 

Printer to suspend work in other cases and for other reasons, and there 
is no usage from which employes may expect the exercise of such right, 
any other unforeseen and not absolutely necessary suspension would 
violate their understanding of the nature of their employment. What¬ 
ever reasonable men are led to expect from the character of their em¬ 
ployment and the general usages affecting it, is an implied part of the 
contract of employment. 

17. There was between the Public Printer and the employes under him whose 

work was suspended a fairly implied agreement that each employ^ 
should have continnous employment subject to no interrnptions other 
than those referred to as being fixed by usage or authorized by the pub¬ 
lic interest, the necessities of the service, or other controlling circum¬ 
stance affording a reasonable justification therefor, as, e. g., pestilence, 
conflagration, riot, or other similar cause. 

18. The suspension of the work in the Government Printing Office on the 21st 

of September was unusual and unexpected by the employes, and hence 


no 


it was not such a suspension as was contemplated in the contract of 
employment. It was neither a legal necessity nor in pursuance of any 
authority reserved in the contract of employment or authorized by 
usage or other controlling circumstance. It resulted in depriving the 
employes of a right to earn compensation to which, by the contract and 
the law, they were entitled. 

19. On the part of those persons employed in the Government Printing Office 

in continuous service by the day, hour, or fixed price for piece-work, 
there is no right to compensation for the day fixed by the President’s 
proclamation “as a day of humiliation and mourning,” namely, the 
26th day of September, 1882. 

20. The proclamation, though it did not have the force of either common or 

statutory law, was justified by “a decent respect to the opinions of 
mankind.” It created a holiday in the solemn sense of the word. It 
was such a controlling element that the Public Printer might, in reason 
and in law, regard it as a command, or at least as a justification, for 
suspending work during that day. 

21. The suspension of the work for that day having been made with the ex¬ 

press assent of the Public Printer and the implied assent of the em¬ 
ployes, the latter can be paid no compensation for that day unless by 
force of statute, contract, or usage. There is no statute which gives a 
right to such compensation. The contract of employment does not 
authorize the compensation, and in the very nature of the case there 
can be no usage governing the matter. 

22. Accounting officers of the Treasury have no jurisdiction over claims for 

unliquidated damages sounding in tort; but, excepting uncertain dam¬ 
ages resting in opinion, and not accurately ascertainable by evidence 
and computation, the proper accounting officers have, under sections 
236, 269, 277, ana 317 of the Revised Statutes, authority to allow 
claims for damages not sounding in tort when there is an appropriation 
available. 

23. Unliquidated damages are those which rest, in a large measure, on opin¬ 

ion, or they “depend upon the peculiar circumstances of each particular 
case, which cannot be ascertained by calculation or computation, as (i) 
damage for not using a farm in a workmanlike manner, (2) for not 
building a house in a good and sufficiently strong manner, (3) on war¬ 
ranty in the sale of a horse, (4) for not skillfully amputating a limb, 
and (5) other cases of a like chai'acter.” 

24. While the statutes which give the hdrst Auditor and the First Comptroller 

jurisdiction do not extend to claims for unliquidated damages sounding 
in tort, nor to uncertain damages resting in opinion and not ascertainable 
to strict accuracy by evidence and computation, they clearly do give 
jurisdiction of claims for damages not sounding in tort, the just amount 
of which may be ascertainable from the circumstances of the case. 

25. In the courts three remedies are open to an employ^ rendering service at > 

fixed wages who is wrongfully dismissed or wrongfully prevented from 


Ill 


performing his contract, either one of which he may pursue, to wit: 
(i) Treat the contract of employment as rescinded^ and sue in debt or 
assumpsit for the wages due; (2) at the end of the contract period of 
service, or time when wages become due, sue and recover damages; 
(3) without waiting until the expiration of the contract period, imme¬ 
diately sue for any special injury sustained in consequence of a breach 
of the contract in being denied the privilege of performance. 

26. The claim of the employes in the Government Printing Office is within 

the juiisdiction of the accounting officers. It is based on a continuous 
^ contract of service, and they were not dismissed from employment. 
Service was interrupted without their consent. They were, however, 
expected to be (as in fact they were) in readiness to leturn to work at 
any time, notwithstanding the suspension; and, in the mean time, so 
far as appears, they were not, and could not have been, employed here 
at their respective occupations or trades. 

27. When an employ^ under a contract for continuous service is, without his 

consent, temporarily and without sufficient excuse interrupted in his 
work by his employer, the contract of service remains in force. The 
employ^ is required by his contract to be in readiness for duty on call; 
he is, therefore, entitled during such interruption to payment at the 
contract rate of wages. His claim in such case is not for uncertain, 
unliquidated damages, but for the contract compensation. 

28. If the employer by contract reserve a right to suspend work or to terminate 

a contract when any piece of work is finished, he may do so without 
incurring a liability in damages. So, if a party agree to furnish mate¬ 
rials and make a given number of articles, and his contract is ter¬ 
minated and he does not furnish all the materials, he is not entitled to 
payment for the materials not furnished. 

29. A printer paid by the month on continuous service upon an agreed com¬ 

pensation of 50 cents per thousand ems occupies no such position. 
The mode of ascertaining the rate of his compensation does not, in the 
absence of a special agreement or usage, abridge his right to continu¬ 
ous employment. By every principle of reason and justice he is enti¬ 
tled to the wages he might have earned. 

30. The act of the Public Printer in suspending work on September 21st was 

not a tort. It is well settled that “the Government is not responsible 
for the malfeasance, or wrongs, or neglects, or omissions of duty of the 
subordinate officers or agents employed in the public service.” This 
rule exempts the Government from liability in those cases in which, as 
between private persons, relief would be sought in courts in actions of 
tort, or ex delicto. It has no application when the action is ex contractu. 

31. If the employes who were denied the privilege of rendering service con¬ 

sented to the suspension of work, they would have no claim to any 
remuneration. Volenti fit non injuria. It is not alleged that they were 
consulted, or asked to consent; and in fact they did not consent. If 
any employe was unable during the period of suspension to render 


112 


service, he suffered no damage by the suspension, and can be allowed 
no remuneration. 

32. Subject to the limitations and qualifications stated, the right of the em¬ 

ployes in the Government Printing Office to remuneration for the loss 
they respectively sustained by the suspension of the work on the 21st 
of September is well supported by law. The current appropriation for 
public printing is applicable to the payment of wages to which those 
employes are entitled by contract. 

33. Payment by the Public Printer in accordance with this conclusion, on rolls 

by him certified, will be deemed valid, and such rolls will be allowed 
as vouchers in his accounts as disbursing officer. It is not required 
that the certificate shall show the performance of work, but only the 
amount to which each employe is entitled in accordance with this 
opinion. 

James A. Garfield, President of the United States, died at El- 
heron. New Jersey, on the evening of Monday, September 19, 
1881. His remains were brought to Washington, about 4.30 
p. m., on Wednesday, September 21st, and lay in state in the 
rotunda of the Capitol from that time until about 5 p. m. on 
Friday, September 23d, when they were removed for interment 
at Cleveland, Ohio. 

On the morning of Wednesday, September 21st, the following 
notice was posted in the Government Printing Office: 

Notice. 

Office of Public Printer, 

Washmgion^ September 21, i88i. 

The Government Printing Office will be closed from noon to¬ 
day until Tuesday morning next. 

As the Public Printer cannot pay, under existing law, for the 
time the office is closed, he will submit the matter to Congress 
and ask that he be authorized to do so. 

John D. Defrees, 

Public Printer, 

The office was closed accordingly; and it does not appear that 
this was done upon the application or with the assent of the sub¬ 
ordinate officers or employes. 

September 22d the President issued a proclamation designating 
“ Monday, the 26th day of September,” as the day on which “the 
remains of our honored and beloved dead [President] will be con- 


113 


signed to their last resting-place on earth”; requesting it “to be 
observed throughout the United States as a day of humiliation 
and mourning”; and recommending “all the people to assemble 
on that day in their respective places of Divine worship, there to 
render alike their tribute of sorrowful submission to the will of 
Almighty God, and of reverence and love for the memory and 
character of our late Chief Magistrate.” 

September 30, 1881, the Public Printer addressed a letter to 
tfte First Comptroller, submitting the question “ whether or not 
the employes can be paid for the entire time the office was closed 
on account of the death of the late President, and whether the 
pay-rolls therefor will be recognized by the Treasury. Depart¬ 
ment. 

Opinion by William Lawrence, First Comptroller: 

There was an abundance of work to be done at the Government 
Printing Office pending the stoppage of work as a mark of re¬ 
spect for the memory of the late President; and it does not appear 
that the employes did, or could, secure employment elsewhere 
during the period of suspended work, or that any usage existed 
in that office as to pay in such case. The employes have been 
paid for the work performed prior to and since the period of sus¬ 
pension. 

Among the powers of the Public Printer, as prescribed in the 
Revised Statutes, are these: 

“Sec. 3758. # * # to take charge of and manage the 
Government Printing Office * * * .»» 

“Sec. 3760. * * * to cause the work to be promptly exe¬ 
cuted; to superintend all printing and binding done at the Gov¬ 
ernment Printing Office * * * ,” 

“ Sec. 3763. The Congressional Printer may employ, at such 
rates of wages as he may deem for the interest of the Govern¬ 
ment and just to the persons employed, such proof-readers, com¬ 
positors, pressmen, binders, laborers, and other hands, as may be 
necessary for the execution of the orders for public printing and 
binding authorized by law; but he shall not, at any time, employ 
in the office more hands than fhe absolute necessities of the pub¬ 
lic work may require.” 

The act of February 16, 1877 (19 Stats. 231), provides that 
862 P P - 8 



114 


“The Public Printer shall pay no greater price for composition 
than 50 cents per thousand ems, and 40 cents per hour for time¬ 
work to printers and bookbinders.” 

The Revised Statutes provide: 

“Sec. 3738. Eight hours shall constitute a day’s work for all 
laborers, workmen, and mechanics who may be employed by or 
on behalf of the Government of the United States.” 

The “joint resolution” of April 16, 1880 (21 Stats. 304), 
“providing for payment of wages to employes in the Govei|i- 
ment Printing Office for legal holidays,” declares “That the em¬ 
ployes of the Government Printing Office shall be allowed the 
following legal holidays with pay, to wit: the ist day of January, 
the 22d*day of February, the 4th day of July, the 25th day of 
December, and such day as may be designated by the President 
of the United States as a day of public fast or thanksgiving: 
Provided, That the said employes shall be paid for these holidays 
only when the employes of the other Government Departments 
shall be so paid: And provided further, That nothing herein con¬ 
tained shall authorize any additional payment to such employes 
as receive annual salaries.” 

The Public Printer has authority to appoint a Foreman ot 
Printing and a Foreman of Binding and certain clerks, with an¬ 
nual salaries, respectively, prescribed in amount by statute.— Rev. 
Stats. 3761, 3762; Act of yune 20, 1878, 20 Stats, 206.) 

He is a disbursing officer, the Revised Statutes providing 
that— 

“Sec. 3816. There shall be advanced to the Congressional 
Printer, from time to time, as the public service may require it, 
and under such rules as the Secretary of the Treasury may pre¬ 
scribe, a sum of money not exceeding, at any time, two-thirds of 
the penalty of his bond, to enable him to pay for work and 
material.” 

“ Sec. 3817. The Congressional Printer shall settle the account 
of his receipts and disbursements in the manner required of other 
disbursing officers. 

I.— The employ7nent of the persons referred to in the letter of the 
Public Printer constituted a C07it7'a^, 

The Public Printer is an officer whose authority is prescribed 
by statute. He can make such contracts only, and in such form, 
as the statute may authorize, and all persons are bound at their 


115 


peril to know the extent of his authority. * * # under 

color of authority, he make an unauthorized agreement, the (iov-* 
eminent is not liable thereon. In this respect a public agent 
differs from a general private agent. * * * authority 

under which an agent acts is to be construed with reasonable 
strictness. * * * 

If the authority of the Public Printer were so limited that he 
could make no contract for continuous sen'ice, no contract for con¬ 
tinuous time, but only for 70ork actually perforined^ without privi¬ 
lege of continuity, then a suspension of the work, even without 
cause, would violate no contract, and so no right to compensation 
for lost time could arise. It is necessary, therefore, to inquire: 
Did the statute give the Public Printer authority to contract only 
for services to be actually rendered? or could he agree to give 
continuous employmetit ? The statute says his authority is to ^'■em¬ 
ploy" such persons as maybe necessary, and “at such 7'ates of 
luages as he may deem for the interest of the Government and 
just to the persons employed”; but a later statute—the proviso 
in the act of February i6, 1877—says that he “shall pay no 
greater price for composition than 50 cents per thousand ems, 
and 40 cents per hour for time-work to printers and bookbind¬ 
ers.” Clearly, upon this language, there can be no question as 
to the existence of authority to make a contract for continuous 
service with any employes except co?npositors, prmters, and book¬ 
binders; and as to these employes the rules of construction and 
every reason of policy and justice lead to the conclusion that 
the Public Printer has authority to enter into contract with them 
for continuous service. It is not probable that Congress in¬ 
tended to single these employes out from all other employes and 
put them on a different footing as to time. Exceptions, which 
might operate to make invidious distinctions, can only arise from 
language which with reasonable clearness creates them. The stat¬ 
utes cited are to be reasonably construed in view of recognized 
principles of law and the usages in respect of public employment. 
When a public officer has authority to purchase goods or con¬ 
tract for the services of employes, a contract may be implied from 
circumstances. * * * 

When a power is given by statute to a public officer, there is 


116 


an implied authority to employ the necessary and usual means 
of executing it with effect. This rule, however, may be, and 
sometimes is, modified by express provision of law. 

It is well known that in private printing establishments com¬ 
positors and printers are frequently employed by contract for 
continuous or fixed periods of service, with an agreed rate of 
compensation per thousand erns set or per hour of work, and 
that similar usages prevail in binderies. 

The statute prescribes the rate of compensaiion for some of the 
employes in the Government Printing Office, but it does not in 
terms or by any reasonable construction say that there shall be 
no contract for continuous or fixed periods of service. Nothing 
is said as to the periods of service. The authority to employ is 
general hi terms — “the Congressional Printer may employ.” 
General words in a power are to be understood as giving a gen¬ 
eral authority, with no limitations except those enumerated or 
properly ’implied. Generalia verba sunt generaliter intelligenda. 
Generalis tegula generaliter est intelligenda. There is a limitation 
as to the rate of wages, but not as to the time for which employ¬ 
ment may be given. There is a limitation as to the number of 
employes—not “more hands than the absolute necessities of the 
public work may require.” Since Congress has made limitations 
affecting in these two particulars the contract of employment, an 
inference very naturally arises that no limitation in respect of 
continuous employment was intended. Expressio unius est ex- 
clusio altevius. It would manifestly be a very strict construction 
of the statute to hold that it gives no authority to make a con¬ 
tract for continuous service. Clearly the statute authorizes an 
employment for labor by the month at a monthly compensation, 
and of compositors by the day, week, or month, with compensa¬ 
tion of 50 cents per thousand ems during the month. The lim¬ 
itation is on the rate of pay, not on the contract time of service. 

The Public Printer, then, had authority to make a contract for 
continuous service, to be interrupted only on such occasions as 
may be expressly agreed upon or implied from usage, or arising 
from the necessities of the public service or other controlling 
circumstance. The Public Printer admits that the contract of 
employment with the persons referred to in his letter was of this 


117 


nature; hence the employes were in the public service during the 
suspension of work. This being the case, it now becomes per¬ 
tinent to consider the question as to whether these employes can 
be paid for the time lost by them during the suspension. 

II .—The law furnishes an adequate remedy for this case. 

1. It is a genei'al principle of law, as it is of reason and justice, 
but subject to some exceptions not now material, that when the 
Government, by its agent, enters into an authorized contract 
with a private citizen to pay him compensation, for his services, 
it accepts the rules of law applicable to public corporations or 
individual persons as to the character and extent of its liability. 

Thus the Supreme Court has said : “ When the United States, by 
its authorized officer, become a party to negotiable paper, they 
have all the rights and incur all the responsibility of individuals 
who are parties to such instruments.” * * * It is, however, a 

general rule that unauthorized acts of officers do not bind the 
Government. 

Congress has recognized the obligation of the Government to 
meet its contract liabilities by giving the Court of Claims juris¬ 
diction to award compensation and damages to pnvate suitors in 
actions for “all claims founded upon any * * # contract, 

expressed or implied, with the Government of the United States.” 
* * * The extent of this jurisdiction is illustrated in many 

cases. * ♦ * 

2. It is well settled that if a private person contracts for the 

services of an employe for a fixed period, and without legal justi¬ 
fication aismisses him from the service, and thus terminates the 
contract, the employer is liable to pay the dismissed employe the 
contract rate during the unexpired period of service, less such 
sum as the employe might, by reasonable diligence, have earned— 
as it would seem, generally—“in the same region,” and in “busi¬ 
ness of the same character.” * * * 

Thus it is said in the leading American elementary work on the 
law of contracts that where an employe “ is wrongfully dismissed 
during a quarter or other definite term, he may, after the quarter 
or term ends, recover for the whole in an action, not for work and 
labor, but for preventing him from doing his work.” * * * 


ns 


3. The amount to be recovered in such case is the pecuniary 

loss sustained. Thus the supreme court of New York, in illus¬ 
trating this principle, states a case and lays down the rule ot 
damages as follows: “A mason is engaged to work for a month, 
and tenders himself and offers to perform, but his hirer declines the 
service. The next day the mason is employed at equal wages else¬ 
where for a month. Clearly his loss is but one day; and it is his 
duty to seek other employment. Idleness is in itself a breach of 
moral obligation. But if he continues idle for the purpose of 
charging another, he superadds a fraud which the law had rather 
punish than countenance.” * * # 

In a case involving a similar principle the same court said: 

In general, in such cases the plaintiff has a right to full pay. 
This rule has been applied to contracts for the hire of clerks, 
agents, and laborers for a year or a shorter time. Had it been 
shown that the plaintiff, after his dismissal, had engaged in other 
business, that might very well have reduced the amount which 
the defendants otherwise ought to pay. Had it been shown on 
the trial that employment of the same general nature with that 
which the contract between these parties contemplated had been 
offered to the plaintiff and refused by him, that might have fur¬ 
nished a ground for reducing the recovery below the stipulated 
amount. It should have been business of the same character, 
and to be carried on in the same region.” * » * 

Upon these and many other authorities which might be cited, 
it seems clear that when an employe is acUially dismissed and has 
earned wages elsewhere, or by reasonable diligence might have 
done so, in business of the same character, the remuneration to 
which he would otherwise be entitled is to be reduced by the 
amount he earned, or might have so earned. * * * 

4. The burden of showing that wages were or might have been 

earned, is on the employer, * * * 

5. The employes at the Government Printing Office did not find 
and could not have found employment in the city of Washington 
or vicinity during the suspension; hence, they come within the 
rule which awards a right to compensation for the time lost by 
them. And the fact that they were not dismissed or furloughed 
makes their right to pay conclusive on the Government. 


119 


No formal written or verbal contract ha^ been made with any 
of the employes. A portion of the compositors were placed on 
the rolls to be paid at the rate of 50 cents per thousand ems for 
whatever work they might perform, others to be paid 40 cents 
per hour during the time they worked, and other employes to be 
paid at a fixed price per day; payments to be made on pay-rolls 
to be receipted for and paid monthly. There has been no express 
contract as to the time any employe should be retained. The 
general and well-known usage has been that the Public Printer 
could, in lawful exercise of his discretion, (i) permanently dis¬ 
continue the services of any employe at any time, or, (2) in case 
of diminished work and consequent necessity for reduction of 
force, furlough any.employe, either for a fixed time or until notice 
be given to return to the service, or (3) limit and reduce the 
number of hours employes might work each day, or (4) suspend 
work on the usual holidays. Furloughed employes were never 
paid during the time of furlough. The usage prior to the joint 
resolution of April 1880, had been, not to pay employes for 
any legal holiday. 

There is no statutory provision applicable to employes in the 
Government Printing Office similar to that in section 1545 of the 
Revised Statutes, in relation to employes in navy-yards, which 
limits the right to compensation to “the time during which they 
may be actually employed.” And see, as to a similar limitation, 
section 171. 

The persons in the public service in the Government Printing 
Office are either officers or others employed by contract, express 
or implied, who are usually denominated “employes.” 

As to officers, no question is presented. They were entitled to 
be, and were, paid the salary prescribed by statute, wholly without 
reference to the question whether they were on duty or not during 
the period in which work was suspended in the Government 
Printing Office. * * * Whether the Public Printer can appoint 
clerks, and thereby constitute them officers, is not material to the 
present question. * * * Congress has recognized them as 

officers and made appropriations for their payment. * * * 

III. —The right of the employh to compensation during the 
period of suspension of work in the Printing Office depends upon 


120 

the contract under v/hich they respectively served and the law 
applicable to it. 

This contract may be considered with reference (i) to the time 
of suspended service prior to the President’s proclamation, and 
(2) to the effect of tlije designation of ‘‘a day of humiliation and 
mourning” made in the proclamation. As to the whole period 
some general principles will be noticed. 

Contracts are express or implied. In either form special terms 
or incident rights may be annexed thereto by usage. There 
was in this case no express contract, either written or oral; there¬ 
fore the agreement under which the employes rendered serv¬ 
ices, including the special terms thereof which affect the right 
to compensation, must be inferred or implied from circumstances. 

The Public Printer was fully authorized to make any lawful 
contract with each employe which he deemed proper or necessary 
for the public interest. By express written or oral contract he 
could have reserved a right, with or without cause, at any mo¬ 
ment (i) to terminate the service of the employe, or, (2) in case of 
diminished work or for failure of an appropriation, and conse¬ 
quent necessity for reduction of force, to furlough him, or, (3) in 
such case, to limit and reduce the number of hours of work each 
day, or (4) suspend the work during the usual holidays., or (5) on 
the occurrence of some great national event, as e. g., the obse¬ 
quies of a President who dies ni office, or (6) without any reason 
or cause requiring such suspension of work. This right on the 
part of the Public Printer might be inferred from 7 csage in each of 
the cases mentioned, and so become an implied provision of the 
contract of employment. 

The right on the part of the Public Printer (i) to terminate the 
service of any employe, or (2) to furlough him under the circum¬ 
stances stated, or (3) to reduce the number of hours for work 
each day, exists by implication under general., loiig-continued., and 
well-kfiotun usage in every contract of employment made by him. 
After such termination or during such furlough no right to com¬ 
pensation for services or claim for damages by reason of such 
termination or furlough exists; and in such case of reduction of 
hours compensation is due at the prescribed rate only for the act¬ 
ual time of service. The right to suspend work during the usual 





holidays is equally well established; and until the joint resolution 
of April 16, 1880, gave a right to compensation for the days 
therein enumerated and under the circumstances therein stated, 
none was ever paid for the time lost by the suspension. 

The Public Printer may, in the exercise of a reasonable discre¬ 
tion, suspend all work for a time, when the good of the service or 
the public interest or other controlling circumstance so requires, 
without thereby imposing any liability on the Government. 

Employes entering upon service under the Public Printer are 
by the usage referred to notified that their services, and, conse¬ 
quently, their right to compensation, are liable to be interrupted 
in the several modes and under the circumstances stated, d'hey 
are chargeable with a knowledge of the law that the Public 
Printer may do whatever the public interest or the necessities of 
the service may require, even though such interest or necessities 
may for a time suspend the opportunity for service and the right 
to compensation on the part of the employes under him. 

But when there is no express contract rG?>Qx\\r\g right^to the 
Public Printer to suspend work in other cases and for other 
reasons than those named, and there is no usage from which 
employes may expect the exercise of such right, any other unfore¬ 
seen and not absolutely necessary suspension must operate as a 
surprise, must defeat the anticipations which their employment 
and the nature of the work had created, and so violate their 
understanding of the nature of their employment. Whatever 
reasonable men are led to expect from the character of their em¬ 
ployment and the general usages affecting it is an implied part of 
the contract of employment. 

Assuming the right of the Public Printer to dismiss or furlough 
employes and to reduce the hours of service in the cases enumer¬ 
ated, and for any of the reasons stated, this right does not meet 
the case or questions now presented. 

The Public Printer did not dismiss any employe from the serv¬ 
ice, he did not furlough any of them as a necessity of the public 
service, nor did he, by rea.son of such necessity, reduce the hours 
of daily employment; but, on the contrary, he, during a period 
of three and a half working-days, besides the “day of humiliation 
and mourning,” merely deprived the employes of the opportunity 


122 


to work, and unless they can be paid the reasonable sum they 
might have earned they must suffer by reason of enforced and 
unexpected idleness. 

If this enforced idleness was justified by any reason which the 
law can recognize, the employes must suffer the loss. The occa¬ 
sion was the recent death of the President and the lying in state 
of his remains for public observation in the rotunda of the Capi¬ 
tol during the general period of mourning. It is not claimed that 
the contract of employment expressly reserved a right to suspend 
work on such occasion. Of course there was no usage applica¬ 
ble to such case. It is not perceived, and certainly it is not 
shown, how any public interest required the suspension. There 
was no general suspension of the work of all the Departments of 
the Government, or of private printing establishnients, or of citi¬ 
zens of the United States, or of the District of Columbia, during 
the whole period mentioned. The President’s proclamation may 
well be accepted as the proper measure of public respect. It 
prescribed for the suspension of business one day. 

The statute declares that “from the ist day of October until 
the I St day of April, in each year, all the bureaus and offices 
* * * shall be Open for the transaction of the public business 

at least eight hours in each day * * (Rev. Stats. 162.) 

This does not in terms apply to the Government Printing Office, 
but it establishes a policy applicable to it. The Printing Office 
is a very important branch of the public service, and is in many 
respects auxiliary to the regular Executive Departments. 

There is nothing in the prescribed rate of compensation which 
gives the Public Printer a right to suspend the work. The 
Government agreed to pay (i) certain compositors 50 cents per 
thousand ems for whatever work they might perform, and (2) 
others 40 cents an hour during the time they worked, and (3) 
some employes a fixed price per day. But in each case there 
was a fairly implied agreement that each employe should have 
continuous eniployme 7 it^ subject to no interruptions other than those 
referred to as being fixed by usage or authorized by the public 
interest, the necessities of the service, or other controlling circum¬ 
stance affording a reasonable justification therefor, as, e. g., pesti¬ 
lence, conflagration, riot, or other similar cause. The printed 


123 


notice posted in the Government Printing Office on September 
21 St seems to carry the inference that the suspension of the work 
was unusual and unexpected by employes (as, from the nature of 
the occasion, it was), and hence that it was not such a suspen¬ 
sion as was contemplated in the contract of employment. It 
expressly recognizes the justice of a claim for compensation, but 
assumes that the law has denied the means of securing this ob¬ 
ject. The suspension of the work was undoubtedly, the result of 
a generous impulse on the part of the experienced and able pub¬ 
lic officer who made it, and who, while careful not to exceed his 
authority in making payment, has employed the proper agency 
and shown a liberal disposition to secure justice to the employes. 
The suspension during the period not covered by the President’s 
proclamation, however well intended as an expression of generous 
respect for the deceased President on the part of an officer in 
sympathy with the feelings of a nation and of a local community 
stricken with grief, was still neither a legal necessity nor in pur¬ 
suance of any authority reserved in the contract of employment 
or authorized by usage or other controlling circumstance. But, 
however good or praiseworthy the motive, it resulted in depriving 
the employes of a right to earn compensation to which, by the 
contract and the law, they were entitled. 

IV.—On the part of those persons employed in continuous 
service by the day, hour, or fixed price for piece-work, there is 
no right to compensation for the day fixed by the President’s 
proclamation “as a day of humiliation and mourning.” 

The proclamation declared that, “in obedience to sacred duty, 
and in accordance with the desire of the people,” the President 
appointed the ie6th day of September, “on which day the 
remains of our honored and beloved dead will be consigned to , 
their last resting-place on earth, to be observed throughout the 
United States as a day of humiliation and mourning”; and that 
he recommended “ all the people to assemble on that day in 
their respective places of Divine worship, there to render alike 
their tribute of sorrowful submission to the will of Almighty God, 
and of reverence and love for the memory and character of our 
late Chief Magistrate.” 

The proclamation did not seek to enforce obedience to its 


124 


recommendations, but there can be no doubt that the day was 
set apart for the purpose stated in obedience to duty and the de¬ 
sire of the people. It may be assumed as a usage that the people 
respect and obey the proclamations of the President. The 
usages of the people become law. Bouvier says the common 
law is “the will of the people”—“the deliberate will of a free 
people.” Kent says “the common law includes those principles, 
usages, and rules of action applicable to the government and 
security of person and property which do not rest for their author¬ 
ity upon any express and positive declaration of the will of the 
legislature.” It may be conceded that the proclamation did not 
have precisely the force of common law, but it was justified by 
“a decent respect to the opinions of mankind.” It created a 
holiday in the solemn sense of the word. It was such a control¬ 
ling element that the Public Printer might, in reason and in law, 
regard it as a command, or at least as a justification, for suspend¬ 
ing work during that day. If he had not suspended work on 
that day he would have done violence to the feelings of the 
whole people. In view of all this, the assent of the employes in 
* the Government Printing Office to the suspension of' the work 
for that day may, in reason and law, be assumed. It is true the 
Public Printer did not by reason of the proclamation originally 
suspend the work for that day, but he anticipated it, thus giving 
in advance the highest evidence of respect for the will of the 
people. The suspension of the work for that day having been 
made with the express assent of the Public Printer and the im¬ 
plied assent of the employes, the latter can be paid no compen¬ 
sation for that day unless by fo 7 'ce of statute.^ cont/^act, or usage. 
There is no statute which gives a right to sucl» compensation. 
The joint resolution of April i6, 1880, gives a right to compen¬ 
sation under some circumstances for holidays therein named. 
One of these is the icsual annual “day of jubilee, public fast, or 
thanksgiving.” It is evident that this is not a “day of humilia¬ 
tion and mourning.” 

It cannot be claimed that the contract of employment required 
payment for days on which by mutual ag 7 'eement no work was 
done. As to compositors, printers, and binders, the statute gives 
no authority to make a contract to pay for such time. It con- 





125 


templates actual service, and those who claim pay under it must 
render or tender service, unless the tender be unnecessary because 
of notice that service; would not be accepted. It is competent 
to show a mage to pay for holidays in the case of employes 
engaged for a prescribed time, * * * j^q usage is 

shown in this case. 

The joint resolution of April i6, 1880 (21 Stats. 304), was 
passed because there was no such usage as to ordinary holidays. 

The joint resolution of May 31, 1880 (21 Stats. 307), recog¬ 
nizes the right of the President to issue a proclamation “closing 
all [Executive] Departments, * * * inchiding the Gover7iment 

Ptmthig OfficeP on “ Decoration Day.” It might be argued with 
great force that these resolutions should be construed as indicat¬ 
ing an intention on the part of Congress to confer on employes 
in the Government Printing Office the same rights that are enjoyed 
by employes in the Executive Departments in respect of pay for 
all days on which the Departments and Printing Office are closed 
by Executive order or proclamation, and hence that the employes 
of the Government Printing Office are entitled to be paid for the 
26th day of September; in other words, that these resolutions 
recognize the practice of the Executive Departments in respect 
of paying employes for such days as a lawful custom, and that the 
intent w^as to make that custom applicable to contracts for service 
in the Printing Office. The laws authorizing pay to officers and 
employes should, when there is any doubt as to their meaning, 
be construed in favor of the officers and employes. * * * 

This rule applies, however, only when the statute or statutes admit 
of two interpretations; and such interpretations do not seem to 
be permissible in respect of these resolutions, since they provide 
expressly for certain named days. They cannot be extended to 
include other days. Expressio unius est exclusio alterius. 

It must, therefore, be held that the persons employed in the 
Government Printing Office under contract to be paid for actual 
work done or actual time employed are not entitled to compen¬ 
sation for the 26th day of September. 

V.—Accounting officers of the Treasury have no jurisdiction 
over claims for unliquidated damages sounding in tort; but, 
excepting uncertain damages resting in opinion, and not accu- 


126 


rately ascertainable by evidence and computation, the proper 
accounting officers have, under sections 236, 269, 277, and 317 
of the Revised Statutes, authority to allow claims for damages 
not sounding in tort, when there is an appropriation available. 
Damages not sounding in tort arise in different classes of cases^ 
and are of different kinds, among which are liquidated and unli¬ 
quidated damages. Thus, it is said that when parties agree upon 
a sum which shall be the daiffages which he who violates the 
contract shall pay to the other, the damages thus agreed upon 
beforehand, when sanctioned by, or not in violation of, the law^ 
liquidated damages. (3 Pars. Cont. 156; 2 Chit* Cont. 
nth Am. ed. 1317 ) Again, liquidated damages are defined as 
those “whose amount has been determined by anticipatory agree¬ 
ment between the parties.” (Bouv. Diet.) So, if the circum¬ 
stances make the contract price the measure of damages, that 
price constitutes liquidated damages. “ Unliquidated da 7 nages'^ 
are those which are unascertained, such as require evidence to fix 
the amount which should be allowed. These damages arise in 
different classes of cases. Thus, in some cases they rest, in a 
large measure, on opinion, or they “depend upon the peculiar 
circumstances of each particular case, which cannot be ascertained 
by calculation or computation, as (i ) damage for not using a farm 
in a workmanlike manner, (2) for not building a house in a good 
and sufficiently strong manner, (3) on warranty in the sale of a 
horse, (4) for not skillfully amputating a limb, and (5) other cases 
of like character.” * * # many cases of unliquidated 

damages the amount is ascertainable upon proper evidence by 
computation. Thus, it is said, “ where * * * the damages' 

are capable of being certainly known and estimated” the injured 
party is not limited to a prescribed penalty. * * * xhe 

maxim that Id certimi est quod cei'tum reddi potest applies in such 
case. 

Unliquidated damages sounding in tort are not the subject ot 
an “account.” 

Bouvier defines an “account” as “a detailed statement of the 
mutual demands in the nature of debt and credit between parties, 
arising out of contracts or some fiduciary relation.” * * * He 
defines “debt” as “a sum ot money due by certain and express 


lil 


agreement.” # # * Damages, on the contrary, are given as 

a compensation, recompense, or satisfaction for an injury actually 
received. ♦ * # • 

While the statutes which give the First Auditor and First 
Comptroller jurisdiction do not extend to claims for unliquidated 
damages sounding in tort, nor to uncertain damages resting in 
opinion and not ascertainable by evidence and computation, they 
clearly do give jurisdiction of claims for damages not sounding in 
tort, the just amount of which may be ascertainable from the cir¬ 
cumstances of the case. 

The Revised Statutes provide as follows: 

“Sec. 236. All claims and demands whatever by the United 
States or against them, and all accounts whatever in which the 
United States are concerned, either as debtors or as creditors^ 
shall be settled and adjusted in the Department of the Treasury.” 

There is, in practice, no mode for settling and paying a claim 
against the United States other than by stating an account there¬ 
for, and certifying that a balance is due the claimant. (Senate- 
Disbursement case, ante^ 404, 407.) Until this is done, no war¬ 
rant authorizing payment can issue. As the accounting officers 
are alone authorized to state and settle the public accounts which 
are adjusted “in the Department of the Treasury,” and certify the 
balances due, it follows that they have jurisdiction over all claims 
against the United States which are to be settled and adjusted 
“in the Department of the Treasury.” 

The Revised Statutes provide: 

“Sec. 269. It shall be the duty of the First Comptroller: 
>* * # Xo examine all accounts settled by the First Aud¬ 
itor * * 

“Sec. 277. * » * The First Auditor shall receive and ex¬ 

amine all accounts accruing in the Treasury Department * * ♦.” 

I. The language of the statutes applies only to accounts and 
to claims which may prcfjDerly be made the subject of an account, 
and not to claims for damages for breach of contract sounding in 
tort. It is true that section 236 of the Revised Statutes refers to 
“ all claims and demands,” but, taking in view all the provisions 
together, the words may be aptly restricted to claims for money 
due and ascertainable under contract, upon the maxim that 


128 

“general words may be aptly restrained according to the subject- 
matter.” * * * 

2. This view is sustained by repeated opinions of the Attor- 

neys-General. Thus, on the 7th of June, 1854, Attorney-General 
Cushing, in an elaborate opinion, held that “the Comptrollers 
and Auditors of the Treasury have no general authority to award 
damages as for tort on contract broken; their jurisdiction is con¬ 
fined to matters of account arising ex contractu^ or by operation of 
law.” He shows that “an auditor is he who audits^ and is de¬ 
fined to be a person appointed or authorized to examine a?i accoimt^ 
compare the charges with the vouchers, hear the parties, allow or 
reject charges, and state the balance. To audit is to examine 
and adjust an account." * * # in the various forms and 

uses of the term account “ there is exclusion of the idea of da?nages, 
the amotcnt of which is not the result of computation merely^ but in¬ 
volves other considerations^ and especially the determination of 
ifidemnity for breach of contract^ sounding in tort.^ and depending on 
various premises of law and fact." * * ♦ 

3. Uniform usage long continued has settled the construc¬ 

tion of the statutes cited- It was said in 1854, in the opinion 
of Attorney^General Cushing, just cited, that ‘Gt would be an 
unheard-of thing for an auditor, appointed to audit an account, to 
enter into a question of unliquidated damages [sounding in tort] 
for breach of contract.” * * * 

This usage has prevailed ever since. (Digest, Second Comp¬ 
troller Brodhead’s Decisions, pp. 29, 53.) 

There may be some claims growing out of breach of contract 
which can be paid as for “sums actually expended and lost” iiil^ 
part execution of a contract, and others of like character. But it 
would be a very large power to award damages in all cases of 
claims founded on contracts broken^ by the refusal to receive 
goods or services tendered according to pontract, where the claim 
is one sounding in tort. Such power has, as far as can be ascer¬ 
tained, not been exercised by the accounting officers. The fact 
that accounting officers have not exercised it may be regarded as 
evidence of long-settled construction that they were not clothed 
with a jurisdiction to assess damages in such cases. 

In the courts three remedies are open to an employe rendering 






1-29 


service at fixed wages-who is wrongfully dismissed or wrongfully 
prevented from performing his contract, either one of which he 
may pursue, to wit: (i) Treat the contract of employment as re¬ 
scinded^ and sue in debt or assumpsit for the wages due; (2) at the 
end of the contract period of service, or time when wages become 
due, sue and recover damages; (3) without waiting until the ex¬ 
piration of the contract period, immediately sue for any special 
iJijury sustained in consequence of a breach of the contract in 
being denied the privilege of performance. 

In the first and second cases stated, the claims would usually 
be for liquidated damages—a mere matter of account; in the 
other case the claim would be for unliquidated damages. In the 
last case stated, the claim may be for the amount of the wages the 
claimant might have earned under the contract, less the amount 
he might have earned elsewhere. Such amount is uncertain, 
and depends on evidence. The authority of accounting officers 
to take jurisdiction of such case is not now presented for decision. 

VI. The claim of the employes in the case under considera¬ 
tion is, upon the facts stated, so far liquidated damages as to be 
within the jurisdiction of the accounting officers. Their claim is 
based on a continuous contract of service, but they were not dis¬ 
missed from employment. Service was interrupted without their 
consent. They were, however, expected to be (as in fact they 
were) in readiness to return to work at any time, notwithstanding 
the suspension; and, in the mean time, so far as appears, they 
were not, and could not have been, employed here at their re¬ 
spective occupations or trades. 

I. When an employe under a contract for continuous service 
is, without his consent, temporarily and without sufficient excuse 
interrupted in his work by his employer, the contract of service 
remains in force. The employe is required by his contract to be 
in readiness for duty on call; he is, therefore, entitled during such 
interruption to payment at the contract rate of wages. His claim 
in such case is not for uncertain, unliquidated damages, but for 
the contract compensation. This principle is sustained in many 
cases. Thus in Little vs. Mercer (9 Mo. 218) the action was 
debt upon a sealed instrument to recover the price agreed to be 
paid to plaintiff for building the abutment of a bridge. The 
8 f >2 P P - 9 


130 


ployecommenced the work, and would have completed it, 
but was prevented by the employer. It was not alleged that the 
plaintiff could, or did, procure employment elsewhere during the 
time requisite to complete the work. The court said “ the plain¬ 
tiff could sue on the covenant and recover the contract price of 
the work as though it had been completed.” In a similar case^ 
Clendennen vs. Paulsel (3 Mo. 230), the court said the employe 
•‘might have sued on the covejiant and have alleged the preven¬ 
tion, in which case he would have been entitled to his money as 
if he had performed his covenant.” In Helm vs. Wilson (4 Mo. 
41 j it was said: “It is a general rule of law that a contract must 
be performed according to the terms of the agreement before the 
party can have any right of action. This rule, however, is sub¬ 
ject to some qualifications. One is, that if the other party will 
prevent the execution of the agreement, then the action will lie, 
and the plaintiff’s right to recover is as complete as if the contract 
had been fully executed.” The same rule has been applied in 
New York, where it has been held that “where one contracts to 
employ another for a certain time at a specified compensation, 
and discharges him without cause before the expiration of the 
time, he is, in general, bound to pay the full amount of wages for 
the whole time.” * * * xhe case of Dillon vs. Anderson 

(43 N. Y. 231), in which the opinion was delivered by a learned 
judge who is now Secretary of the Treasury, though not on the 
exact question, throws much light on principles in accord with 
those stated. The United States is generally held to the same 
liability upon contracts as individuals. * * * There is, of 

course, a difference in principle between contracts for persofial 
services and those for supplying materials. A party who con¬ 
tracts to supply materials which are tendered but not received, 
does not necessarily lose them, and when he does not he cannot 
recover full value. 

As to employes under a contract for continuous serivce on an 
agreed compensation per day, month, or hour, no doubt exists 
concerning their right to full payment. It is not shown that 
there was, by contract or usage, a right, unnecessarily and with¬ 
out adequate cause, to suspend work in the Government Printing 
Office at the end of any day, month, or hour. It may be urged 


131 


that the rule of compensation, or of “ damages against the em¬ 
ployer for the breach of a contract to perform mechanical work 
by the piece, is different,” and that this rule should be applied to 
compositors employed at 50 cents per thousand ems actually 
set. * * * Undoubtedly, if the employer by contract reserve 

a right to suspend work or to terminate a contract when any piece of 
work is finished^ he may do so without incurring a liability to 
damage. So, if a party agree tp furnish materials and make a 
given number of articles, and his contract is terminated and he 
does not furnish all the materials, he is clearly not entitled to 
payment for the materials not furnished. * * * But a printer 
paid by the month on continuous service upon an agreed com¬ 
pensation of 50 cents per thousand ems occupies no such position. 
The mode of ascertaining the rate of his compensation does not, 
in the absence of a special agreement or usage, abridge his right 
to continuous employment. By every principle of reason he is 
entitled to the wages he might have earned. 

2 The act of the Public Printer was not a tort. It is well 
settled that “the Government is not responsible for the malfea¬ 
sance, or wrongs, or neglects, or omissions of duty of the sub¬ 
ordinate officers or agents employed in the public service.” 
# * * 'pi-jjg j-uie exempts the Government from liability in 

those cases in which, as between private persons, relief would be 
sought in courts in actions of tort, or ex delicto* It has no ap¬ 
plication when the action is ex contractu* # * * 

If the employes who were denied the privilege of rendering 
service consented to the suspension of work, they would have no 
claim to any remuneration. Volenti Jit 7 wn injuria. * * * 

It is not alleged that they were consulted or asked to consent; 
and in fact they did not consent. 

3. If any employe was unable during the period of suspension 
to render service, he suffered no damage by the suspension, and 
can receive no remuneration. * * * 

Subject to the limitations and qualifications stated, the right 
of the employes in the Government Printing Office to remunera¬ 
tion for the loss they respectively sustained by the suspension of 
the work on the days in question, is well supported by law. The 
law which gives such right to remuneration is reasonable and 


132 


just. It would be strange indeed if an employer, whether a 
private citizen, a corporation, or the Government, could make a 
contract giving an employe the right to earn wages in a continu¬ 
ous service, or for a fixed time, and afterwards while the employe 
is at work turn him out, close the door on him without his con¬ 
sent, deny him the privilege agreed upon, and then turn about 
and say to him, “You performed no ‘piece-work’ or ‘time-work,’ 
and* shall therefore have neither the stipulated compensation nor 
any money in lieu of that which you might have earned.” The 
public service, as well as private, is promoted by justice and fair 
dealing. An exact observance of contracts affords the surest 
means of securing competent^ faithful employes, and at reasonable 
rates of wages If they must incur hazards, they will inevitably 
indemnify themselves against loss by demanding greater wages. 
If officers intrusted with the power to make contracts of employ¬ 
ment deem it just to avoid liability on the part of the Govern¬ 
ment in cases of suspended work, contracts can be made accord¬ 
ingly. 

VII.—Congress has made no express appropriation for the 
payment of claims for unliquidated damages. The current 
appropriation for public printing is, however, applicable to the 
payment of wages to which employes are entitled by contract. 
The act of March 3, 1881 (21 Stats. 455), under the caption of 
“public printing and binding,” makes an appropriation as fol¬ 
lows : “ For the public prmting, for the public bindings and for paper 
for the public printmg, including the cost of printing the debates 
and proceedings of Congress in the Congressional Record, and 
for lithographing, mapping, and engraving for both Houses of 
Congress, the Supreme Court of the United States, the supreme 
court of the District of Columbia, the Court of Claims, the 
Library of Congress, and the Departments, and for all the neces¬ 
sary materials which may be needed in the prosecution of the 
work, one million seven hundred thousand dollars * * 

Accidents may interrupt employment, and if, in such cases, it 
is intended that the loss of time should fall on employes, such 
intention may be shown by contract or usage. It is well known 
that private printing establishments in similar cases frequently, 
pursuant to contract, pay men for time unemployed, when the 


133 


business is temporarily suspended. It may well be supposed 
that Congress in creating the office of Public Printer designed to 
give him the powers necessary in the management of a great 
office. One of the rules of the Printers’ Typographical Union of 
the District of Columbia is as follows: “When compositors em¬ 
ployed by the piece are compelled to be idle for want of letter, 
copy, or any other cause, 40 cents per hour shall be charged: 
Pf'ovided^ That this rule shall not apply if the employer does not 
require the compositors to remain in or near the office.” 

This rule, if consented to either expressly or by usage, may 
become a part of the contract of employment. Whether this 
rule applies to the Government Printing Office, or whether any 
such usage exists as to it, does not appear. Whether it does or 
not, the Government can afford to be as just and liberal as any 
private employer in the District of Columbia. But the right does 
not depend on this rule; it exists by contract, and the contract 
is to be construed liberally. 

The conclusion is that employes in the Government Printing 
Office, serving under continuous contracts, who were on the days 
in question without their assent, and without such reason as the 
law sanctions, suspended from work, but required to be in readi¬ 
ness to resume it, who neither could nor did secure employment 
in the mean time, and who in no respect violated the contract of 
employment on their part, are, in the absence of any usage in 
such case excluding the right to compensation, entitled to the 
payment of such wages as might have been earned during the 
period of suspension. Time-work can be estimated for the legal 
day of eight hours. Piece-work can be estimated by the usual 
amount performed w’hen in service. 

Payment by the Public Printer in accordance with this con¬ 
clusion, on rolls by him certified, will be deemed valid, and such 
rolls will be allowed as vouchers in his accounts as disbursing 
officer. It is not required that the certificate shall show the per¬ 
formance of work, but only the amount to which each employe 
is entitled in accordance with this opinion. 

The Public Printer will be advised accordingly. 

Treasury Department, 

First CompiroUeds Office, December 2,, 1881. 


134 


Note.— The Public Printer, notwithstanding this opinion of the Comp¬ 
troller, declined to pay the employes for any part of the time in which work 
was suspended by him. January 31, 1881, Hon. A. S. McClure, from the 
Committee on Printing, submitted a report (No. 166, ist. sess. 47th Cong ) 
in the Plouse of Representatives, in favor of allowing payment of compensa¬ 
tion to the employes in the Government Printing Office for the whole time 
lost by the suspension of work. The report was adopted, and a joint resolu¬ 
tion was passed, approved July 12, 1882, by which the Public Printer was 
“directed to pay the employes of the Government Printing Office the pay 
deducted from them for the time lost during the obsequies of the late Presi¬ 
dent James A. Garfield, during the month of September, 1881.” 


[3 Lawrence Compt. Dec. p. 92.] 

IN THE MATTER OF THE AUTHORITY TO MAKE A CONTRACT, 
WITHOUT ADVERTISING, FOR PRINTING LITHOGRAPHIC 
PLATES FOR REPORT OF THE COMMISSIONER OF AGRICUL¬ 
TURE FOR THE YEAR 1S80.-EXIGENCY CASE. 

1. When a contract is made by which a party agrees to furnish a specified 

number of engravings to the Government to be delivered in monthly 
installments at a specified rate per 100 sets, full performance is a con¬ 
dition precedent to the right to payment. 

2. When the authority of the officer who made such contract continues, he 

and the contractor may correct the contract so as to conform to the in¬ 
tention of the contracting parties, and require payment in installments. 

3. Section 3780 of the Revised Statutes requires the work of lithographing 

and engraving plates for public documents to be let by the Public 
Printer to the lowest bidder after advertisement, but also authorizes 
him to make immediate contracts, under the direction of the Joint 
Committee on Public Printing, when, in their opinion, the exigencies of 
the public service do not justify advertisement for proposals. On 
March i, 1881, the committee gave the Public Printer authority to 
make a contract without advertisement, but the contract was not made 
until July 2, 1882. Held: (i) The judgment of the committee is con¬ 
clusive as to the existence of the exigency which justified the making of 
a contract without advertisement. (2) But as the contract was not 
made “immediately,” or within such reasonable time as might be re¬ 
garded as within the meaning of that term, it was made without authority 
of law, and is void. No officer was authorized to ratify, and hence 
the acceptance by the Public Printer of the plates printed under the 
contract imposes no liability on the United States. (3) Time is the 
controlling element in exercising the power to decide if an exigency 
exists. 


4 Under 3732 of the Revised Statutes an authorized contract for supplies 
may be made in advance of, and contingent on, the making of an 
appropriation to pay therefor. 

5. Contracts requiring exi:)enditures in excess of appropriations are as to sucli 

excess void. 

6. The Government is not generally estopped from denying the validity ot 

unauthorized contracts made by its officers. 

7. Every person is bound at his peril to know the extent of the authority of 

public officers. 

8 Contracts made on behalf of the Government, either without authority of 
law or in violation of law, are generally void. 

9. A statute which requires a public contract to be reduced to writing is man¬ 
datory. Executory contracts made under such statute, but not reduced 
to writing, cannot be enforced. 

10. When supplies are furnished to the United States under a void contract, 
and there is no authorized ratification thereof, the fact that such supplies 
have been applied to the beneficial use of the Un ted States gives no 
right to compensation as upon a quantum valebant. As between private 
citizens a right to compensation would exist, because the party receiving 
the supplies thereby impliedly promises to pay their value. But the 
United States is not so bound, because no officer is authorized to ratify> 
and the principle applies that “ ordinarily no man can make himself the 
creditor of the Government by an act of his own.” 

The joint resolution of March 2, 1881 (21 Stat. 520), author¬ 
ized the printing of 300,000 copies of the Annual Report of the 
Commissioner of Agriculture for the year 1880. It is the duty 
of the Public Printer to purchase all materials and machinery 
which shall be necessary for the Government Printing Office; to 
take charge of all matter which is to be printed, engraved, litho¬ 
graphed or bound; to keep an account thereof in the order in 
which it is received, and to cause the work to be promptly exe¬ 
cuted; to superintend all printing and binding done at the Gov¬ 
ernment Printing Office, and to see that the sheets or volumes 
are promptly delivered to the officer who is authorized to receive 
them. (Rev. Stats. 3760.) 

Whenever any charts, maps, diagrams, views or other engrav¬ 
ings are required to illustrate any document ordered to be printed 
by either house of Congress, such engravings are to be procured 
by the Public Printer under the direction and supervision of the 
Committee on Printing of the House ordering the same. (Rev. 


136 


Stats. 3779.) When the probable cost of such charts, maps, &c., 
exceeds $250, the lithography and engraving is to be awarded 
to the lowest and best bidder, after advertisement by the Public 
Printer, under the direction of the Joint Committee on Public 
Printing. But the committee may authorize him to make imme¬ 
diate contracts for lithographing or engraving, whenever, in their 
opinion, the exigencies of the public service do not justify adver¬ 
tisement for proposals. (Rev. Stats. 3780.) 

March i, 1881, and before the passage of the resolution referred 
to, the Joint Committee on Public Printing authorized the Public 
Printer to contract, without advertising, for a large number of 
expensive lithographic plates for the said annual report. 

July I, 1881, Messrs. A. Hoen & Co., of Baltimore, submitted 
a written proposal to do the work for $96,000, and their proposal 
was accepted by the Public Printer July 2, 1881. 

Appropriations for the (jovernment Printing Office were made 
for the fiscal year ending June 30, 1882, by the act of March 3, 
1881. (21 Stat. 455.) 

February 16, 1882, the Public Printer says: “The contract 
was not made with Ploen & Co. until the 1st of July last, because 
the ajjpropriation for public printing and binding would not justify 
it ” (See Congressional Record, December 21, 1881; also Senate 
Mis. Doc. No. 20, Forty-seventh Congress, first session, Decem¬ 
ber 20, 1881.) 

The contract is as follows: 


Baltimore, yiily i, 1881. 

Flon. John D. Defrees, 

Public Printer^ M^as/ii/ii^lou, D. C.: 

Dear Sir: I'he undersigned respectfully propose to print in 
their superior lithocaustic process, and furnish 300,000 copies 
each ot the twenty-two (22) colored and twenty-nine (29) plain 
illustrations of the Diseases of Domestic Animals, more particu¬ 
larly enumerated in their proposal for Special Report No. 34, 
and at the same rate as therein proposed of $27.20-100 per 100 
sets; and also lithograph 300,000 copies of each of the thirteen 
(13) colored, and one (i) plain illustrations for the Chemists’ 
Report at the rate of $4.80-100 per 100 sets; being the sixty-five 
(65) plates (35 colored and 30 plain) accompanying the Report 
of the Commissioner of Agriculture for the year 1880, and amount- 



137 


ing'in the aggregate to $96,000; and to deliver the same in such 
monthly installments as you may direct. 

We are, respectfully, your obedient servants, 

A. Hoen & Co. 

The above proposition is accepted July 2, 1881. 

John D. Defrees, 

Public Printer. 

Hoen & Co. proceeded to execute the contract, and, January 
23, 1882, presented to the Public Printer a voucher for work per¬ 
formed from November 16, 1881, to January 9, 1882, for litho¬ 
graphing and printing 50,000 copies each of the fifty-one plates 
to accompany the article on “ Diseases of Domestic Animals ” at 
$27.20 per loo sets, $13,600; and for 50,000 copies each of four¬ 
teen plates to accompany the report of the chemist, at $4.80 per 
100 sets, $2,400. This voucher was approved by the Public 
Printer, and referred to the First Auditor. The latter stated an 
account thereon, per Report No. 228,775, dated January 27, 
1882, on which he certified as follows: 

(No. 228,775. Recorded January 27, 1882.) 

Treasury Department, 

, First Auditor’s Office, 

January 27, 1882. 

I hereby certify that I have examined and adjusted an account 
between the United States and A. Hoen & Co. of Baltimore, Md., 
in amount, $16,000, for lithographing and printing plates to 
accompany the Report of the Commissioner of Agriculture for 
1880, and find nothing legally due them, no proper evidence 
having been furnished that the provisions of section 3780, Revised 
Statutes, have been complied with. 

No evidence is filed in this case showing that an exigency existed 
when permission was given by the Joint Committee, nor does the 
certificate recite the fact. The letter of said committee to the 
Public Printer, a copy of which is transmitted herewith, and under 
authority of which said work is claimed to have been done, would 
seem to have no reference to the 300,000 copies of the Agri¬ 
cultural Report authorized to be printed by the joint resolution 
of March 2, 1881, from the fact that it bears date March i, 1881, 
one day prior to the existence of said resolution^ as appears from the 
statement and vouchers herewith transmitted for the decision of 
the First Comptroller of the Treasury thereon. 

R. M. Reynolds, 

* First Auditor. 


13 S 

The account and vouchers are now submitted to the First 
Comptroller for his decision. 

Hon. William Pinkney Whyte, for the claimants, made an oral 
argument, and presented a brief, making these points: “The 
discretion is lodged with the Joint Committee who authorized 
the making of a contract; and whenever the work is of that 
character that the public service can be better served by direct 
contract than by advertising, they are alone vested with authority 
to determine when the proper exigency exists. Once decided by 
the committee, its opinion becomes the law of the case. They 
so decided, and gave authority for an immediate contract as ot 
March i, i88i. The question arises, how long could that order 
for an immediate contract last? The answer is, until the Printer 
was in condition to execute it. He could not make any contract 
for the work until he had the manuscript of the report, and knew 
exactly what plates were required. The report was not delivered 
to the Public Printer until June 27, 1881. (See Senate Mis. Doc. 
No. 20, first session Forty-seventh Congress.) 

“There was no Joint Committee in June, 1881, because the 
Forty-sixth Congress closed on March 4 of that year, and no ad¬ 
vertisement could have been made under their direction, or awards 
of bids by them at that time; so that the only authority under 
the law to guide the Public Printer was the order to make con¬ 
tract given by the Joint Committee March i, 1881. 

“Again, there was no appropriation available until July 1881. 
The word ‘immediate’ was not understood by the committee to 
mean instantaneous, but was interpreted in its real sense, with¬ 
out anything in medio, that is, between, to wit, a contract without 
any advertisement between the resolution for printing and its 
execution. This was the sense in which the committee supposed 
the law-makers intended it to be understood; and it is the literal 
sense, as the word is used by lexicographers, so that time is not 
to be considered, but the intervention of anything between the 
order and its execution.” 

Decision by William Lawrence, First Comptroller. 

There are several grounds upon which this claim cannot be 
paid: 

I. Assuming that the contract in question is valid, and that 


139 


the sum now claimed for the work performed is a ratable propor¬ 
tion of the price of the work agreed to be done, there is no pro¬ 
vision requiring payment in installments (Rev. Stat. 3648); and 
the result is that payment cannot be required until the contract 
is fully performed on the part of the claimants. The agreements 
by the claimant to perform work, and of the Government to pay 
therefor, are mutual and dependent; and full performance of the 
former is a condition precedent to the right to payment. * * * 

The fact that the contract was not fully performed is not of itself 
sufficient ground for a formal certification by the Auditor that 
nothing is legally due to the contractors. In such case the item 
claimed should, unless the contract has been terminated, be sus¬ 
pended until full performance on the part of the contractors. 
But it is probable that the claimants and the Public Printer sup¬ 
posed and intended that payment should be made in installments 
for the work performed. If so, they would now be permitted to 
make the written contract conform to the real intention of the 
parties; carefully observing, however, the requirements of section 
3648 of the Revised Statutes, that “payment shall not exceed 
the value of the service rendered, or of the articles delivered pre¬ 
viously to such payment.” The executive officers who are 
authorized to “settle and adjust” claims (Rev. Stat. 236) have 
power to ascertain what installments of payment are due accord¬ 
ing to the real intention of the parties to the contract; but it is 
their duty to require very clear proof of any intention to pay by 
installments before they will depart from the exact legal effect of 
the words used in a contract. 

II. No payment can be made under this contract, because it 
is void. 

The statute provides that, in such case as this, the lithograph¬ 
ing of plates and the printing therefrom “shall be awarded to the 
lowest and best bidder after advertisement by the Public Printer, 
under the direction of the Joint Committee on Public Printing.” 
The Joint Committee may, however, authorize the Public Printer 
'to make “immediate contracts for lithographing or engraving 
whenever, in their opinion, the exigencies of the public service 
do not justify advertisements for proposals.” (Rev. Stat. 3780.) 
On March i, 1881, the committee gave the Public Printer au- 


140 


thority to make a contract without advertisement, but the con¬ 
tract was not made until July 2. On the law and facts stated 
the question arises, was the contract a valid one ? 

It may be conceded that the discretion of the Joint Committee, 
when exercised, is conclusive as to the propriety of making a con¬ 
tract without advertisement for proposals. * * * It may not 

be material that the authority was given March i, after the passage 
of the joint resolution but before its approval, March 2. * * * 

But for other reasons the so-called contract is void. 

I. It was made without authority. The power of the com¬ 
mittee was given by the statute in order to authorize the Public 
Printer to make immediate contracts.” It cannot be said that 
an authority given on March ist or 2d to make an immediate 
contract, either continues or is exercised in making a contract, 
as in this case, four months afterwards. * * # would do 

violence to the word “ immediate” to hold that it can be extended 
to cover a period of four months. An exigency cannot be pre¬ 
sumed to exist, because the statute requires, as evidence of its 
existence, the assent of the Joint Committee. The law does not 
presume the continuance of the exigency, because the statute 
provides that it shall be met by an immediate contract. An assent 
given on March 2d cannot be presumed to continue to July 
2d, since it was given for immediate action only. “The law 
requiring advertisements and proposals for public contracts obvi¬ 
ously was intended by Congress to invite competition among bid¬ 
ders, and to prevent favoritism and fraudulent combinations in 
awarding contracts,” * ♦ * and, therefore, in order to provide 
in exceptional cases for exigencies in the public service, when a con¬ 
tract should be made immediately for materials or services, section 
3780 of the Revised Statutes gives discretionary authority to the 
Joint Committee to waive in such cases the general provision of 
law requiring advertising. A delay of four months is, in the 
absence of any evidence of the continued assent of the committee 
to an exigency requiring a contract without advertising, beyond 
any reasonable purpose of the statute. The Joint Committee 
could have given no assent after March 4, i88r, because the 
Forty-sixth Congress expired on that day, and the House of 
Representatives could have had no members on that committee 




141 

until the meeting of the Forty-seventh Congress in December, 

i88i. 

The question as to what is an exigency, and the effect of con¬ 
tracts made under statutes of this character, have been considered 
in many cases. The language of the statute, as well as the 
authorities, regard the “exigency” as one requiring immediate 
service. 

In Veazie Bank vs, Fenno, Mr. Chief Justice Chase uses the 
word ^‘exigencies” in the sense of meaning an immediate press¬ 
ing necessity; one requiring a resort to unusual powers and ef¬ 
forts. This is evidently the meaning of the same word in section 
3780 of the Revised Statutes, which requires “advertisement by 
the Public Printer, under the direction of the Joint Committee on 
Public Printing.” 

If some specified person is ready to make a contract, and none 
other can be found to perform it, this may constitute an exigency, 
if there be an immediate necessity for the service required to be 
performed; but if there be no pressing necessity, the statute re¬ 
quires an advertisement for proposals; and, obviously, when a 
pressing necessity exists, such necessity requires that a contract 
be made at the earliest convenient and reasonable time. Assurii- 
ing, what would seem improbable, that when there is ample time 
for advertisement and no advertisement has been made, these 
conditions might be decided to be an “ exigency,” and that the 
Joint Committee had authorized the contract to be made at any 
time, still the law has not given such authority to the committee. 
Time is expressly made an element in the exercise of the power. 
If the owner of stocks should authorize a broker to sell them im¬ 
mediately, would any court hold that the authority continued four 
months ? The fact that the manuscript was not furnished earlier 
to the Public Printer cannot change the effect of the statute, nor 
create an authority which he did not have when he received it. 

2. The delay in making the contract is not justified by the fact 
that the appropriation from which payment was to be made did 
not become available until July ist, because the authority to make 
the contract was given on March 2d. As a question of expedi¬ 
ency, it may, in the absence of any explanation, be presumed 
that the contract should then have been made within a reasonable 


142 


time after the latter date. A contractor who can have four 
months’ time to perform work and prepare engravings before de¬ 
livery thereof, may often afford to give better terms than if he 
were required to do similar work on short notice. As a question 
of law, it would seem that the contract might easily have been 
made in March for the delivery of the plates on or after July ist 
following. 

The Revised Statutes provide, in relation to public contracts, 
that— 

Sec. 3732. IVo contract or purchase on behalf of the United 
States shall be made, unless the same is authorized by law or is 
under an appropriation adequate to its fulfillment, except in the 
War and Navy Departments, for clothing, subsistence, forage, fuel, 
quarters, or transportation, which, however, shall not exceed the 
necessities of the current year. * * * 

Sec. 3733. No contract shall be entered into for the erection, 
repair, or furnishing of any public building, or for any public im¬ 
provement, which shall bind the Government to pay a larger 
sum of money than the amount in the Treasury appropriated for 
the specific purpose. 

The joint resolution of March 2, 1881, authorized the publica¬ 
tion of the Agricultural Report with its engravings. The statute 
intrusted the work to the Public Printer. The contract for en¬ 
gravings, therefore, was, by necessary inference, authorized by the 
joint resolution. When a duty is imposed by law, the authority 
to employ all the usual and proper means of executing it is im¬ 
plied, and this includes the necessary contracts in the authorized 
modes. * # * When an officer is authorized by law to make 

a contract which is not for the service of any specific year, he 
may properly do so contingent on an appropriation, and let the 
contractor take the risk of its being made. If materials be re¬ 
quired for a fiscal year not yet commenced, and, ppior to such 
year, there be an existing authority by law to make a contract for 
such material, it is competent to make a present contract for de¬ 
livery, and payment at the beginning of or during the fiscal year; 
but the payment is to be made contingent upon and from such 
appropriation as is or may be provided. This involves no liability 
in conflict with section 3679 of the Revised Statutes, and it is 
the necessary effect of section 3732 of the Revised Statutes. The 


143 


limitation on the power to contract which is imposed in a class 
of cases by section 3733 recognizes the general rule. The act 
of June 22, 1874 (18 Stats. 144), i;rohibiting the renting of cer¬ 
tain buildings until an appropriation therefor shall have been 
made, recognizes the right of officers, authorized by existing law, 
to make such contracts, generally in anticipation of an appropri¬ 
ation. The propriety of such discretionary power must be mani¬ 
fest, as a measure of public necessity and economy. If contracts 
for supplies for an approaching fiscal year can only be made 
until after it has commenced, largely enhanced prices may be 
exacted and great delay may ensue. When the authority to 
procure supplies or services rests solely on an appropriation act 
which is to become available for a named fiscal year, com¬ 
mencing after its passage, and there is no other law giving power 
to make advance contracts for such supplies or services, it may 
be more difficult to determine what should be done. 

The Revised Statutes provide that— 

Sec. 3679. No Department of the Government shall expend, 
in any one fiscal year, any sum in excess of appropriations made 
by Congress for that fiscal year, or involve the Government in 
any contract for the future payment of money in excess of such 
appropriations. 

When an appropriation has been made which is to become 
available af a fixed future day, adequate provision exists for the 
execution, after the day fixed, of work authorized to be done 
thereunder, and for contracts for such work. The advertisement 
for proposals for such work, or even the making of a contract 
therefor, does not contemplate any liability on the part of the 
United States until the appropriation has become available. A 
strict literal construction of section 3679 might, however, prohibit 
the making of such a contract prior to the availability of the 
appropriation; but even such a construction does not forbid 
taking, before the appropriation has become available, the neces¬ 
sary preliminary steps, such as advertising for and receiving pro¬ 
posals for the making of such a contract when the appropriation 
becomes available. Such a mode of facilitating the public busi¬ 
ness is reasonable and expedient. It may frequently be greatly 
to the interest of the public service, by saving delay, where time 


144 


is an element of value, to prepare in such a manner for the exe¬ 
cution of important work. In the case of the usual necessary 
supplies for the public service, for which the appropriations annu¬ 
ally made do not become available until the ist day of July of 
each year, it is not reasonable to suppose that Congress has for¬ 
bidden the proper officers of the Government from entering into 
contracts until weeks or perhaps months have elapsed after the 
necessity for such supplies has arisen, or that advertisements for 
proposals cannot in such case be made until the ist day of July 
of each year. But it is equally unreasonable to create, by con¬ 
struction, an exigency which will dispense with the wise pro¬ 
vision made in respect of advertisements for supplies or services. 
The requirement as to advertising, and the prohibition in respect 
of making contracts in excess of appropriations, are each designed 
for the protection of the public; and it has been held that public 
contracts which exceed the amount appropriated for the supplies 
or services contracted for are void. * * * 

Where in any case there is no authority by law to make a con¬ 
tract, or no appropriation which implies such authority, no con¬ 
tract can be made which can impose any liability on the Gov¬ 
ernment. This is the necessary effect of the general principles of 
public policy; and section 3732 of the Revised Statutes is de¬ 
claratory of these principles and of the common-law rule. * * * 
3. The statutory provisions requiring advertising are not direct¬ 
ory, they are mandatory; and hence it must be held in the 
present case that the so-qalled contract is void. 

It is frequently difficult to ascertain whether a statute was 
intended to be directory or mandatory as applied to private per¬ 
sons, and no very definite rule has been established. It may be 
said, generally, that when a statute prescribes a preliminary act, 
as of the essence of something required to be done thereafter, the 
requirement in respect of the antecedent act is mandatory; but 
if the antecedent* act be unimportant and not essential, the statute 
is directory. » * * Thus, a provision for the proclamation 

of a vacancy in an office, and notice of an election to fill it, is 
mandatory, and an election held without it is void. * * * 

The question is one of legislative intent, to be judged of by 
the language employed, the purpose in view, and the evils to be 


145 


avoided. In cases like the present one the language of the 
statute shows that Congress did not intend that a contract should 
be made without advertising. It says that the committee may 
authorize the Public Printer to make immediate contracts without 
advertising. This is equivalent to saying that if the committee 
do not so authorize, no contract shall be made without previous 
advertisement. Expressio nnius est exchisio aiteriiis. And when 
authority is given to make an immediate contract, and it is not 
made until several weeks or months have elapsed, it cannot be 
said that the committee has authorized it to be made without 
advertisement. The purpose of the statute, its whole policy, will 
be defeated if the provision requiring advertising may be disre¬ 
garded in cases like the present one. 'I'he evils to be guarded 
against require the language of Congress to be respected and 
obeyed as mandatory, in order to prevent favoritism and fraudu¬ 
lent combinations. The public interest requires free competition 
in bids for public contracts, and that all parties shall have an 
open, honest, and equal opportunity to share in the benefits of 
public work. The authorities show that the statute is to be con¬ 
strued as mandatory. * * # 

4. The reasons generally assigned for regarding the duty to 
advertise as directory only are not well founded. 

The duty of officers executing similar statutes requiring adver¬ 
tisement has been repeatedly affirmed. * * * 'phe right to 

rescind executory contracts made without advertising has been 
asserted by the Attorneys-General. * # * But it was said 

by Attorney-General Bates that “after a party has entered into a 
contract with the Government in good faith [without the adver¬ 
tisement required by lawj and has so far performed his part of 
the same that to rescind it, or declare it illegal, and so incapable 
of execution, would subject him to loss and injury, whilst the. 
Government would yet enjoy the benefits of his labor or expendi¬ 
ture, the contract cannot be avoided or changed to the injury of 
the other party by the Government.” * * * Attorney-Gen¬ 

eral Devens held that in such a case the contract is obligatory on 
the United States so far as it may have been executed: but that 
so far as it is executory and unperformed it may be rescinded. 
* * * And it has been further held in this class of cases that 


862 P P-10 



146 


“a contract made without due advertisement is not valid and 
binding upon the Government; and that the fact that the con¬ 
tractor made in good faith expenditures to enable him to perform 
the same does not give it validity.’' * * * a decided 

disapproval was expressed in this opinion of the doctrine pre¬ 
viously announced by Attorney-General Bates (lo Op. 416), that 
although a statute requiring advertising “ has been disregarded, 
yet if the contract has been partially performed, it cannot be 
deemed void, but must be executed according to its terms,” 
The opinion that a contract partially executed could not be 
rescinded by the Government was founded upon the maxim, yfm 
noil debet, sed factum valet, * * # and upon “ the magnitude 

of the injustice which such an application of the law [asserting a 
rigftt to rescind] would work,” * # * 

In such a conflict of views, it must be conceded that there can 
be nothing authoritative in the opinion cited, and that the state¬ 
ment once made, that an opinion is “ only advisory,” and that 
officers “are free to follow” their “own convictions” * * * 

(Crittenden, July 13, 1832), was not entirely out of place Be¬ 
sides this, the First Comptroller is required to make a decision 
which, when rendered, is conclusive on the executive branch of the 
Government” (Rev. Stat. 191), and he cannot turn his responsi¬ 
bility over to other officers. 

There are several classes of public contracts as to which vari¬ 
ous questions arise in respect of their validity. Among these the 
following may be mentioned: 

i. Contracts made without any authority of law. 

ii. Contracts made in violation of a statute or against public 
policy. 

hi. Contracts by subordinate officers requiring the assent of 
superior officers. 

iv. Contracts required to be made in writing. 

v. Contracts assigned in violation of law, and performed in 
whole or in part by assignees. 

vi. Contracts made under a statute requiring advertisement 
and letting to the lowest bidder. 

These questions would generally arise on one or other of the 
following points: (i) As to the original validity of the contract; 


147 


(2) as to the rights of parties before any performance; (3) as to 
the right of the Government to rescind after part execution of the 
contract; and (4) as to the rights of parties after part or full per¬ 
formance of the contract. 

There are some well-settled principles which are generally per¬ 
tinent to these questions. 

(a.) The Government is not estopped from denying the validity 
of the unauthorized acts of its officers. * * * 

(^.) Officers cannot generally waive the rights of the United 
States, or dispense with a requirement of law. * * * 

{c.) Every person is bound, at his peril, to know the extent of 
the authority of public officers. * * * 

The rights of the parties are to be considered with these prin¬ 
ciples in view, in each of the classes of contracts named. And 
although a contract under one only of the enumerated classes is 
now under consideration, the principles generally applicable to 
the others throw light upon the present contract. 

I. Contracts made without authority of law are void. * * * 

And, generally, a void contract is “ ineffectual to fix any liability 
upon the Government.” * * * 

II. Contracts made in violation of law are generally 

void. * * * 

III. In some cases contracts can only be made by subordi¬ 

nate officers, subject to the approval of some superior officer. 
Contracts not so approved generally impose no liability on the 
United States, unless there be a subsequent authorized ratifica¬ 
tion. * * * 

Where, with the full knowledge of the facts concerning it, a 
person ratifies an agreement which another person has improperly 
made, concerning the property of the person ratifying, the latter 
makes himself a party to the agreement as fully as if he had 
made the original agreement; and no new consideration is re¬ 
quired to support the ratification. * * * 

Although this doctrine is well settled, it does not apply to public 
contracts; because, obviously, no officer or agent of the Govern¬ 
ment has authority to ratify a contract which, in law, is regarded 
as an improper one, because of the omission to observe some 
substantial requirement of law in making it; as, for example, the 


148 


omission to advertise for proposals in order that the contract 
might have been awarded to the lowest bidder. 

IV. It is settled that a statute which requires a public contract 

to be reduced to writing is mandatory; and hence that executory 
contracts not reduced to writing cannot be enforced. But a 
party who renders services under such contract, or who furnishes 
supplies to the Government, is entitled to payment, as upon a 
quaiitum meruit or quantum valebant^ unless the contract be void 
as against law or public policy. * * * gut this is upon the 

ground that as to such contracts the Government occupies, in 
most respects, the same position as a private party, when perform¬ 
ance takes a case out of the statute of frauds, and where effect 
should be given to the contract, because the officer or agent acting 
for the Government had authority to make a valid contract, and 
to accept the services rendered or supplies delivered. * * * 

The performance which takes cases in which the Government 
is concerned out of the statute of frauds applies only to such 
contracts as would be valid if in writing; not to such contracts as 
this, which is void for want of authority either to make or ratify 

# 

V. When a public contract has been assigned in violation of 

the statute, and the assignee has furnished the supplies required 
by it, it has been held that he is entitled to payment as upon a 
quantum meruit. * * * gut there are cases which hold that 

a contract which is in direct opposition to and in fraud of the 
law can give no right of action against the United States, either 
on the contract or for a quaiitum meruit or quantum valebant; 
and that, on grounds of public policy, the liability of the Gov¬ 
ernment does not rest precisely on the same principles which apply 
as between private citizens. * # * q"he principles applicable 

in this class of cases are hereinafter stated. The right to a qua 7 i~ 
turn meruit in this class of cases is not defeated upon the ground 
of the want of power in officers of the Government to make an 
original contract for the services or supplies, or to bind the Gov¬ 
ernment in an implied contract by acceptance of the service, or 
by receipt and use of the supplies. Where such acceptances and 
use are authorized and totally disconnected from an illegal con¬ 
tract, or an illegal assignment of a legal contract, the right to 


149 


compensation would seem to be clear. But a party who, as 
assignee of a contract, furnishes supplies solely by virtue of the 
assignment, has a claim which, at its inception, is in opposi¬ 
tion to and in fraud of the statute, which prohibits such assign¬ 
ments. To allow such a claim would be to defeat the whole 
policy and purpose of the statute, and to that extent to prejudice 
the public service. The taint of illegality cannot be severed from 
the transaction; and payment of the claim would be a premium 
for the disregard alike of statutes and contracts. * * * 

VI. There are sundry statutes requiring advertisements before 
the making of contracts, some of which provide that in cases of 
exigency certain officers may dispense with the advertising. * * * 
It is well settled that when an officer is authorized to dispense 
with advertising, and he has done so in the exercise of his discre¬ 
tion, and made a contract for the public service without adver¬ 
tising, the validity of the contract cannot be made to depend on 
the wisdom or skill which may have accompanied the exercise of 
the discretions * * * Cases have already been cited as to 
the meaning of the word “ exigency,” and they show, to some 
extent, the effect upon a contract made when no exigency exists. 
In Driscoll’s case (13 Court Cls. 36), Richardson, J., delivering 
the opinion of the court, said, in respect of public contracts made 
without the advertisement required by statute, that “at most the 
contract was only voidable”; but the language quoted cannot be 
regarded as authoritative, as judgment in this case was reversed 
in the Supreme C ourt on another point of law, and this point was 
not considered. * * * 

If the contract, in this case, was absolutely void, no liability 
against the United States arises under it. If it was only voida¬ 
ble, not having been avoided, a liability against the United States 
exists under it. But it is void, because the authority of the Public 
Printer to make it depended (i) upon a previous advertisement, 
or (2) on the assent by the Joint Committee at the time the con¬ 
tract was made to dispense with advertising. As neither of these 
conditions precedent existed, the authority to make the contract 
never vested in the Public Printer. It has been shown that the 
statute requiring advertisement before making a public contract 
is mandatory; it therefore follows that no contract can be valid 


4 


150 


without advertisement, unless in the case of an exigency which 
affords no time for advertisement. 

The contract under consideration was never ratified, because 
no officer had authority to ratify it; and even if it had been rati¬ 
fied, the Government is only bound by the authorized acts of its 
agents. 

VII. Is the Government liable as upon a qiiajitwn valebant? 
It is clear there is no such liability: First, because the contract 
was originally void, and has never been assented to or ratified by 
the Government; and, second, because the claimant, having 
assented to a contract in violation of the statute and public policy, 
is not in a position to ask relief. 

I. The United States is a great public political corporation. 
It can only act by its duly authorized officers or agents, and 
these officers and agents cannot exceed their authority, either in 
making contracts, in assenting to or ratifying any irregular or 
illegal act, or in consenting to receive any pay for goods fur¬ 
nished. * * * 

The Government cannot be held liable for goods furnished, 
unless by previously authorized express or implied contract, or 
by subsequently authorized assent; for, “ ordinarily, no man can 
make himself the creditor of another by any act of his own unso¬ 
licited and purely officious.” # * * Tq hold otherwise, 

“would place the Government at the mercy of all its agents and 
officers.” * * * If a party volunteer to pay taxes not yet 

due which have been assessed upon the land of another, without 
the sanction or approval of the party assessed, the latter cannot 
be held liable by the former, notwithstanding the pecuniary ben¬ 
efit thereby received. 

In this case there was no authorized contract, as already shown. 
And there has been no authorized ratification of, or assent to, the 
unauthorized contract, or to the receipt and use of the engravings 
furnished. The United States can only be made liable m the 
form it has authorized. The law, which is the power of attorney 
under which the Public Printer acted, gave but one mode to create 
a liability. The form by which he could bind the United States 
was clearly prescribed. This, by necessary implication, excluded 
his right to bind the United States in any other. But it is not 


151 


necessary to resort to this implication. There was an absence of 
^ authority to bind the Government by the contract which he, in 
form, made. There has been no authorized ratification. 

The receipt of the printed matter by the Public Printer is not 
a ratification of the original contract; because he had no au¬ 
thority to so ratify it. Such receipt creates no implied contract 
or liability, because the Public Printer had no authority to make 
in this form an express contract, much less an implied one. He 
was not authorized to receive or use the printed matter furnished 
by the claimants, because the law prescribed another, a different, 
and the only mode by which he was authorized to procure it. It 
, has, indeed, been used for the benefit of the United States, but 
against its expressed will, and in violation of law. 

The Government may be bound in the same forms as private 
parties, by its officers, when they are authorized to enter into a 
contract without the formality of advertising. Similarly when 
they are authorized to receive and use goods, the Government 
may be bound therefor. * * * Where there is no authorized 

contract express or implied, and there has been no authorized use 
of the printed matter, but on the contrary a clear violation of law 
in all that has been done, no quantum valebant can arise. It has 
been shown that the original contract was void because of want 
of advertisement, void for want of power to make it, void as 
against the language of the statute, void as against its policy, 
hence any attempt to ratify it without authority must be equally 
void. The power to ratify an agreement can only exist when 
there is an original power to make it. * * * 

Congress alone can create a public liability when there has 
been no authority given by law to make a contract. * * * 

2. The maxim cited in lo Opinions, page 423 —Fieri no 7 i debet, 
sed factum valet —It ought not to be done, but when done it is 
valid, has no application here. * * * This maxim applies as 

between private persons whose acceptance of work may operate 
as a ratification of a previous informal contract or by way of es¬ 
toppel, or raise a new implied contract. * * * But when, 

as in this case, a contract has been made without authority, the 
attempt to ratify it, or bind the United States by an acceptance 
of the work done, would be equally without authority. A rati- 


152 


fication can only be made by an officer having power to make the 
contract in the form required for the original contract. Some 
statutory requirements must “precede the reception of the mate¬ 
rial.” * * * In Marsh Fulton County * * * it appeared 
that county bonds had been issued without authority, and it was 
claimed that they had been ratified by the supervisors of the 
county. The court said: The supervisors possessed no au¬ 
thority to * * * issue the bonds * * * without the pre¬ 
vious sanction of the * * * voters of the county. * * * 

They could not, therefore, ratify a subscription [issue of bonds] 
without a vote of the county, because they could not make a sub¬ 
scription in the first instance without such authorization.” * * * 
As the United States could not be charged with a liability with¬ 
out its assent, and as there has been no authorized assent, the 
claimant can have no relief. 

3. “The magnitude of the injustice” in refusing to pay for 

goods appropriated to the use of the Government, seems to have 
been relied on to support the right to a quantum meruit. * * * 

But this view of the case substitutes a supposed injustice for 
statutory authority in order to supply the absence of a require¬ 
ment of law by supporting a violation of law. If there be any 
injustice in such a case. Congress is the proper tribunal to appeal 
to. The discretion of executive officers is not a safe substitute 
for an act of Congress. While it is their duty to be careful of the 
rights of citizens, it is not safe for them to overlook the magni¬ 
tude of the injustice which would be done to the public by giving 
to a direct violation of law the effect of an act authorized by law. 
It is better that one man, or many men, should suffer loss, than 
to establish a rule which would permit favoritism, fraudulent com¬ 
binations, and corruption to an unlimited extent. Public morals 
may suffer more by official disregard of law than by personal 
pecuniary loss. Salus populi suprema lex. 

4. The conclusion reached is supported by many principles and 
authorities besides those stated. A void contract is “ ineffectual 
to fix any liability upon the Government.” * * * “No re¬ 
covery can be had for value parted with upon an illegal con¬ 
tract.” * * # u Clearly, if an act of Parliament expressly 
prohibit the transaction in respect whereof an agreement is en- 


153 


tered into, such agreement will be invalid.” * * * xhe case 

of McDonald vs. Mayor of New York (68 N. Y. 23) is instruct¬ 
ive, its reasoning convincing, and its logic conclusive. It was an 
action brought to recover the value of gravel and stone sold and 
delivered to the city in 1869 and 1870 at the request of the su¬ 
perintendent of roads, and used in making streets. The statute 
was not complied with which required contracts for materials to 
be made by the head of the street department, upon sealed bids, 
in compliance with public notice advertised pursuant to an author¬ 
ity to purchase given by the common council. It was the duty 
of the city to keep the streets in repair; and the superintendent 
was charged with carrying this duty into effect, and he certified 
the bills as correct. Folger, J., in denying the right of the claim¬ 
ant to recover, said of the statutes referred to in that case, that 
they “are fitted to insure official care and deliberation, and to 
hold the agents of the public to personal responsibility for ex¬ 
penditure; and they are a limit upon the powers of the corpora¬ 
tion, insomuch as they prescribe an exact mode for the exercise 
of the power of expenditure.” And, commenting on the claim 
of the plaintiff to recover upon a quatiiiun meruit^ because the 
city, having “appropriated the materials * * * is bound to 

deal justly and pay him the value,” he said: “ If the restriction 
put upon municipalities by the legislature for the purpose of re¬ 
ducing and limiting the incurring of debt, and the expenditure ot 
the public money, may be removed upon the doctrine now con¬ 
tended for, there is no legislative remedy for the evils of municipal 
government. * * * Restrictions and inhibition by statute 

are practically of no avail if they can be brought to naught by 
the unauthdrized action of every official of lowest degree acqui¬ 
esced in or not repudiated by his superiors.” * * * An 

able writer says: “If the act done is contrary to the express pol¬ 
icy of the state * * * contracts in violation of that policy 

are simply void, and neither party to the contract will be heard 
in a court where they seek to be reimbursed for moneys expended 
in violation of the laws. * * * jn such a case the court 

simply withholds its hand and leaves the parties to the illegal 
contract where they have placed themselves by their own voli¬ 
tion.” # # * 


154 

5- The claimant cannot recover because he is a party to a con¬ 
tract made in violation of law. 

It is true that there are cases in which the United States was 
held liable upon implied contracts, or upon ratified informal or 
irregular contracts, and also upoai parol contracts which should 
have been in writing. But these were cases in which the claim¬ 
ant did not violate the prohibition, or general public policy, o^^ 
the statute. That an illegal or immoral consideration renders a 
contract void, and that courts will not aid in enforcing such con¬ 
tracts, is well settled. Ex turpi' causi 7 W 7 i oritur actio.—Ex dolo 
malo 77071 oritur actio. But the rule, at least as to contracts made 
for the Government, goes further. If such a contract be made 
in violation of “restrictions and inhibitions” prescribed by stat¬ 
ute “for the purpose of reducing and limiting the expenditure of 
the public money,” or of limiting the power of officers by requir¬ 
ing conditions which are plainly made the essence of the author¬ 
ity to exist before its exercise, contracts in violation of such 
statute are void. * * * 7 iialeficio 7 io 7 t oritur co 7 itractus .— 

Ex pacto illicito 7 ion 07 'itur actio. * * * Thus, in Harris vs. 

Runnels * '* * it is said that “when the statute is silent 

[as to penalty or invalidity] and contains nothing from which the 
contrary can be properly inferred, a contract in contravention ol 
it is void. * * * The law will not aid either of two parties 

who are in pari delicto., in the violation of a statute. * * ♦ 

The rule is not allowed for the benefit of either party to an illegal 
contract, but altogether upon grounds of public policy.” Irt 
Grooves vs. Slaughter (15 Peters, 471) it is said of contracts pro¬ 
hibited by statute, that “ whenever the object of a prohibition is 
to protect the public and not one for purposes of revenue, or 
some regulation connected with the execution of municipal laws, 
there can be no recovery by a person who has committed an act 
at variance with the prohibition, whether the act be the particu¬ 
lar thing forbidden or not. * * * No plaintiff will receive 

the aid of the court in prosecuting his claim where it is founded 
on a violation of the law, or an act contrary to public policy.” 

When a contract is made, and only one party to it violates a 
statutory prohibition, it may be valid in favor of the party not in 
fault. But when both parties to a contract in making it violate 


155 


a statute enacted to prevent fraud in the public service and pro¬ 
tect the public interests, the contract is void, and a court will not 
aid either to enforce it. Section 3780 of the Revised Statutes 
made it unlawful for the claimant to enter into the contract now 
in question, because he was not “ the lowest and best bidder.” 
He, as fully as the Public Printer, acted in violation of the stat¬ 
ute. He is therefore, on principles of public policy and law, 
entitled to no relief from either the executive or judicial branches 
of the Government. 

No fact is presented which raises any doubt of the good faith 
of the able officer who made the contract in question, or of the 
reputable contractors who are now the claimants. But on legal 
principles no payment can be made. Congress will, no doubt, 
give all proper relief in the matter. 

The claim is disallowed. 

Treasury Department, 

First Cojnptrollef^s Office^ February 27. 1882. 




156 



DISTRIBUTION OF THE .USUAL NUMBER. 

The usual number of copies printed of the documents and re¬ 
ports of each house of Congress is 1,900, and of bills and joint 
resolutions 924; of the Senate Journal there are 3,194 copies and 
of the House Journal 3,128 copies printed. These are distributed 
as follows: 

UNBOUND COPIES. 


Where delivered. 

1 

SENATE. 

HOUSE. 

Docu¬ 

ments. 

Jour¬ 

nal. 

Bills. 

Docu¬ 

ments. 

Jour¬ 

nal. 

Bills. 

Document-room of the House. 

Office of the Clerk of the House. 

Sergeant-at-Arms of the Senate. 

Office of the Secretary of the Senate.. 
Folding-room of the Senate.. 

411 

20 

243 

6 

190 

30 

265 

20 

6 

IIS 

30 

4 

11 

3 

4 

10 

440 

20 

244 

15 

170 

15 

396 

149 

190 

6 

149 

440 

308 

134 

8 

Department of State. 

Department of the Interior. 

30 

30 

4 

II 

3 

4 

TO 

IS 

War Department. 




Navy Department. 





Office of the Public Printer .. 

File-copies. 

Total. 

4 

36 

4 

16 

4 

31 

...... 

4 

IS 

940 

468 

924 

806 

2 II 

924 


BOUND COPIES. 


Where delivered. 

SENATE. 

HOUSE. 

Docu¬ 

ments. 

Jour¬ 

nal. 

Docu¬ 

ments. 

Jour¬ 

nal. 

Secretary of the Senate. 


ISO 

180 

313 

43 

10 

1,970 


ISO 

114 

416 

Senate document-room..v. 

313 

43 

10 

420 

114 

416 

House document-room... 

Senate folding-room. 

Department of State. 

10 

470 

10 

2,020 

123 

S 2 

30 

2 

Department of the Interior.^. 

Clerk of the House of Representatives for Governors 
of States..'. 

Librar}" of Congress . 

S2 

7 

S2 

7 

S2 

30 

2 

Library of the House of Representatives. 

Library of the Court of Claims . 

Office of the Public Printer. 

I 

I 





Total. 

960 

2,726 

1,094 

2,917 























































































s 


157 


SENATE RESERVED DOCUMENTS. 

BOUND IN CALF. 

For Senators. 

For Library of Congress. 

BOUND IN SHEEP. 

For Clerk’s document-room. 

Lettered: plain, 310; reserved documents, 3. 

For Senate Library. 

Lettered: for House Library, u ; for committees, 17; blank titles, 8 

For House Library. 

For Department of State. 

For Department of the Interior.. 

For Library of Congress.. 

For Senate folding-room. 

For Public Printer. 


Total in calf and she’ep. 960 

SENATE JOURNAL. 

BOUND IN SHEEP. 


' For Senate document-room... 66 

For Department of the Interior. 1,550 

For Secretary of the Senate. iso 

- 1,766 

Delivered as reserved documents. 960 


Total bound. 2,726 


Copies. 

78 

2 

313 

36 

7 

10 

420 

50 

43 

I 


80 




HOUSE RESERVED DOCUMENTS. 

BOUND IN CALF. 


For Representatives and Delegates. 317 

Lettered: plain for Representatives and Delegates, 305; reserved 
documents, 3; Military Academy, i; Naval Academy, i; blank 
title, 7. 

For Senators. 78 

For Court of Claims. 2 

For Library of Congress. 2 

For Senate Library.;.. 36 

Lettered: for Senate Library, ii; for committees, 17; blank title, 8. 

For House Library. 30 

-46s 

BOUND IN SHEEP. 

For Department of the Interior.* . 470 

For Department of State. 10 

For Library of Congress. 50 

For Clerk’s document-room .. 94 

Lettered: blank title, 90; library United States Mints, 4. 

For Soldiers’ Homes,from commencement of ist session 47th Congress. 5 

- 629 

Total, calf and sheep. 1,094 


HOUSE JOURNAL. 

BOUND IN SHEEP. 


For Depaitment of the Interior . 1,55° 

For Governors of States. 123 

For Secretary of the Senate. 150 

- 1,823 

Deliv^ered as reserved documents.... 1,094 


Total bound . 2,917 


I 











































INDEX. 


Abkidgment ok Documents: 

Appointment of editor of. 77 

Number of copies of, to be printed. . 28 

Accounts : 

Public Printer to settle his. 8 

To be opened with Departments by Public Printer ..... 7 

(See Public Printer.) 

Acts and Joint Resolutions: 

Number of copies of .. . 29 

Printing of . 29 

Secretary of State to furnish Public Printer correct copies of. 79 

(See also Revised Statutes; Statutes at Large; Session laws.) 

Acts of the Continental Congress: 

Number of copies of, to be printed. 60 

Acts .\nd Resolutions: 

Relating to public printing, to be compiled.-.. 72 

ADDnTON.A.L Clerks: 

Three, of third class authorized... 19 

Advances of Money to Public Printer: 

Under such regulations as Secretary of Treasury may prescribe. 8 

Advertisements: 

>'or bids for lithographing, l^c., for Patent Office work. 83 

• For lithographing and engraving. 17, 18 

For proposals for furnishing paper. 15 

For supplies. 14 

Specifications of certain. 15 

Agriculture : 

Annual report of the Commissioner of, for 1881-82. 57 

Annual report of the Commissioner of, for 1883.'.. 57 

Appropriation for printing and binding for Department of. .. 85 

Appropriation for printing report of Commissioner of, for i88i-’82. S7i8s 

Appropriation for printing report of Commissioner of, for 1883. 57i86 

Husbandry of the Angora Goat. 59 

Report of Entomological Commission for use of Department of. 59 

Report of the Commissioner of Forestry. 58 

Report on the Sorghum Sugar Industry.. 58 

Report on, Tenth Census. S3 

Special report of the Commissioner of. On Insects Affecting OrangeTrees. 58 

Special report on “ Bibliography of Economic Entomology ”. 58 

Allen. (See Coues and Allen.) 

American Ephemeris. (See Nautical Almanac.) 

Angora Goat, Husbandry of the: ^ 

Publication of pamphlet on, authorized. 59 

Annual Reports. (See Reports.) 

Appendix to Book of Estimates: 

Shall contain extracts from anpual reports.. 8 

159 


































Page. 


Appointment: 

Of Public Printer shall be made by President of the United States. 

Who shall be preferred for, to positions. 

Appropriations: 

Balances of, how expended . .... .. . 

Disposition of balances of. 

For compensation of Public Printer, clerks, &c. 

For contingent expenses of the Government Printing Office. 

For indexing, &c., acts of Continental Congress. 

For lithographing, &c. 

For paper for the public printing... 

For preparing and printing Catalogue of Government Publications. 

For preparing for publication a Digest of Opinions of Attorneys-General. 

For printing and binding for Congress and the Departments. 

For printing annual reports of Commissioner of Agriculture. 

For printing Catalogue of Library of Surgeon-General’s Office. 

For printing information concerning Societies of the Red Cross. 

,For printing official Records of the War of the Rebellion. 

For printing reports of Commissioner of Agriculture. 

For printing reports of Tenth Census. 

For publication of consular and other commercial reports. 

For repairs to floors and water-closets. 

For the removal of certain property from Government Printing Office, &c. 

Restrictions on expenditures of. 

Statement of, made to be published. 

Arctic Expeditio.n. {See Polaris Expedition ; Hall’s Second Expedition.) 
Atlas of Colorado, Hayden’s: 

An edition to be printed for sale. 

To be bound... 

Attorneys-General. Digest of Opinions of Attorneys-General; Opinions 
of Attorneys-General.) 

Becker, George F. : 

Report on Geology of Comstock Lode. 

Bibliography of Economic Entomology: 

Special report on, to be printed. 

Biennial Register: 

Lists for, to be made up to the first day of July_;. 

Number of copies to be printed and manner of distribution. 

Printing of. . 

Bin^ AND Joint Resolutions: ^ 

Number of copies of, to be printed. 

Ten sets of. to be arranged and bound. 

Binding: 

Appropriation for. 

Bonds and written records may be bound at the Treasury Department.. 

' Books issued by authority of and during former Congresses. 

Estimates for, to be furnished Register of the Treasury. 

For Congressional Library. 

For library of the Patent Office. 

For library of the State Department. 

For library of the Surgeon-Generals's Office. 

Forms and style of, for Departments to be determined by Public Printer. 

One copy of every public document for Senators and Members. 

Style of, for Departments... 


4 , 5 
20 

9 

9 

84 

84 

61 

85 
85 

62 
60 

85 

57.85 

61, 85 
67 
39 , 40 

85 

86 
66 
86 
75 

85 

78 


47 

47 


45 

58 

37 

3 6 

37 

27 

69 

19. 

82- 

23 

7 

24 
24 
24 
24 

6,24 

23 

6,24 











































I'l. 



I 


I 


A. 

"*! 

♦ 



-I 






TV 








I. 

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161 


Blue Book. {See Biennial Register.) 

Board of Health : 

Printing for the National. 67 

Bond : 

Of inspector of coal and wood. 13 

Of Public Printer to be approved by the Secretary of the Interior. 4,5 

Bonneville, Lake: 

Report on, by G. K. Gilbert. . 45 

Bookbinders : 

Pay of. 20 

Book of Estimates: 

To contain estimates by heads of Executive Departments. 8 

To contain estimates for public service... 7 

Bulletin of United States Fish Co.mmission. {See Fish and Fisheries.) 

Bureau of Statistics: 

Annual report of Chief of, to be printed.'.. 81 

Monthly reports of Chief of, to be published. 81 

(See also Commerce and Navigation.) 

Cat.alogue : 

Of Government Publications, to be prepared and printed. 62 

Of Library of Congress. 61 

Of library of Surgeon-General’s office. 61,85 

^EGiHAs, Language of the, (See Language.) 

Census, Tenth : 

Agriculture, Report on. 53 

Appropriation for printing the reports of the. 86 

Compendium of the, to be bound in two volumes. 54 

Distribution of reports and Compendium of the. 53 

Index to Compendium of the. 54 

Manufactures and Mechanilft, Report on. 53 

National Loan, History of. S3 

Number of copies of Compendium of the, to be printed. 53 

Number of copies of reports of the, to be printed... 53 

Printing of maps and other illustrations for.,. 17 

Population, Report on. 53 

Publication of Compendium of the, authorized. 53 

Publication of Reports of the, authorized. 53.54 

Centennial Exhibition : 

Report of Board on behalf of Executive Departments. 63 

Chief Signal Officer : 

Number of copies of report of, for 1881 authorized to be printed. 65 

Clerks: 

Additional. •• ^9 

Appropriation for compensation of. 84 

Chief clerk, salary of.^. ^9 

Number of, authorized. ^9 

Coal and Wood: 

Bond of inspector of. ^3 

Certificate of inspector necessary before payment for. 13 

Decision First Comptroller of the Treasury. 103 

Providing for appointment of inspector of, how paid. 13 

Coal of the United States: 

Report on, by Prof. R. Purapelly. 45 

862 P P-11 







































162 


Page. 

Coast and Geodetic Survey: 

Publication of observations of, authorized. 65 

Report of Julius E. Hilgard on, for 1881. 65 

Report of the, for 1881-82. 65 

Codified Land Laws: 

Publication of additional copies of the. authorized. 66 

Colonial Charters and State Constitutions: 

Publication of, authorized. 62 

Commerce and Navigation: 

Number of copies to be printed of the annual report on.. 28 

Commercial Relations: 

Number of copies to be printed. 28 

Commissioner of Agriculture. {See Agriculture.) 

Commissioner of Education : 

Number of copies of report of, for 1881, to be printed. 64 

Commissioner of Indian Affairs: 

Provisions of the statutes relating to Indian affairs. 83 

Commissioner of Patents: 

Authority to have printed copies of specifications of patents, &c.18,82,83 

Authority to print current issues of specifications of patents, «&c. 18,82 

Printing drawings of patents. . 93 

Commissioner of the General Land Office: 

Maps accompanying the annual report of. 18 

Committee on Education and Labor, Senate : 

Authority granted to, to have certain testimony taken by, printed. 68 

Compendium of the Tenth Census. (See Census, Tenth.) 

Comptroller of the Currency: 

Annual report of. 25 

Co.MSTOCK Mining and Miners: ^ 

Report on, by Elliot Lord.... 45 

Congress: 

Appropriation for printing for. 85 

Congressional Directory: 

Compiled under direction of Joint Committee on Printing. 77 

Copies to be sold at cost of printing. a6 

When to be ready for distribution. 24 

Congressional Globe: 

To purchase certain property of.'. 70,76 

Congressional Library: 

CatalogiTe of, to be printed. 61,62 

Style of binding for. 6,24 

Congressional Printer. (A^’^ Public Printer.) 

Congressional Record 1 

Appropriation for. 85 

Bound copies of, to be forwarded to State and Territorial libraries. 38 

Copies printed for sale. 26 

Copies to be sent to Soldiers’ Homes. 25 

Current and bound copies of, to be furnished certain officials. 37 

Distribution of printed copies of. 37 

Extracts from, may be printed for Senators and Members . . 26 

Form in which to be furnished Senators and Members. 37 

Number of copies of, to be printed. 37 

Postage on . 11 

Publication of, authorized. 37 

Semi-monthly index to. 38,77 

Separate account of expenditures for, to be kept by Public Printer. i© 





































4 


^ 163 

Consular Reports: 

Appropriation for publication of. . 66 

Publication of, authorized. 65 

Contested-Election Cases: 

Publication of digest of, 45th, 46th, and 47th Congresses, authorized. 66 

Continental Congress: 

Acts of the, to be printed. 60 

Contingent Expenses Office of Puhlic Printer: 

Appropriation for. 84 

Contracts : 

How to be made for paper in event of default, &c. 16 

Or purchases not to be made unless authorized by law. 14 

To be deposited in office of First Comptroller of the Treasury. 14 

When, for furnishing paper shall be valid. 15 

Contributions to North American Ethnology: 

Volumes II, VI, VII, VIII, IX, and X to be printed. 48 

Cope, Prof. E. D.: 

Reports by. 47 

Copper-Bearing Rocks of Lake Superior: 

Report on, by Prof. R. D. Irving. 45 

Cotton-Worm: 

Report of Entomological Commission on. 59 

CouEs and Allen: 

Report on Mammals, b}’^. 48 

Court of Claims: 

Appropriation for printing and binding for... 85 

Cretaceous and Tertiary Flora: 

Reports on, by Professor Lesquereux. 47 

Dakota Indians. {See Languaijp.) 

Day’s Work: 

Eight hours to constitute a. 20 

Debates 9F Congress: 

Appropriation for printing the. 85 

To be published by the Public Printer. 77 

To be published under direction of Joint Committee on Printing. 37 

Decisions of the First Comptroller of the Treasury: 

Exigency case. 134 

Hoen & Co. case. 134 

Holiday cases....1. 99,^05 

How distributed. 35 

Messenger’s case. 102 

Minors, pay of. 103 

Number of copies of, to be printed. 35 

Printer’s case. 107 

Purchase of coal and wood without inspection. 103 

Definition of term “ Public Documents ”. n 

Departmental Printing and Binding: 

Form and style of. 6,24 

No, to be executed except upon written requisition. 23 

Opinion of Attorney-General. 95.96 

Department of Justice: 

Appropriation for printing and binding for. 85 

Departments: 

Form and style of printing and binding for. 6,24 

Heads of, to furnish copies of documents to Public Printer. 78 

To be furnished estimates for work.#.. 7 








































164 


I 


Page. 

Digest of Contested-Election Cases: , 

Publication of, 45th, 46th, and 47th Congresses, authorized. 66 

Digest of Opinions of Attorneys-General: 

Appropriation for preparing for publication a full and complete. 60 

Dinocerata: 

Report on, by Prof. O. C. Marsh . 45 

Director of the M int: 

Report of the.. 68 

Distribution of Copies: 

Of Colonial Charters and State Constitutions. 62 

Of Congressional Record . 37.38,39 

Of Decisions of P'irst Comptroller of the Treasury. 35,36 

Of Medical and Surgical History of Rebellion. 50 

Of Nautical Almanac. 60 ^ 

Of Opinions of Attorneys-General. 60 

Of publications of the Geological Surveys. 44,45 

Of publications of Hayden’s Surveys. 46,47,48 

Of publications of Powell’s Surveys. 48 

Of reports of Commissioner of Agriculture. 57 

Of Reports of Commissioner of Fish and Fisheries. 51,52 

Of reports of Smithsonian Institution. 64 

Of reports of Tenth Census. 53,54 

Of Revised Statutes, new edition. 33 

Of semi-monthly index to Congressional Record. 38 

Of Supplement to Revised Statutes. 35 

Of session laws. 30 

Of Statutes-at-Large. 31 

Of the usual number. 156,157 

District OF Columbia: ^ 

Report of the health officer of the, to be printedT. 66 1 

Supreme court of, appropriation for printing and binding for. 85 

Documents: 

Abridgment of. 28 

Additional to “ regular number”. 27 

Certain, to be furnished Secretary of Senate and Clerk of House. 26 

Copies of, for exchange in foreign countries. 27 

Copies of, for Library of Congress. 91,92 

Copies of, to be furnished Public Printer. 78,79 

On what terms furnished to private parties. 26 

Orders to print extra copies costing $500. 78 

Secretary of the Interior charged with the safe keeping, &c., of. 82 

Term “ Public Documents,” definition of. ii 

To be sent to Soldiers’ Homes. 26 

“Usual number” of.27,156,157 

Dorsey, J. O. : 

Language of the (fegihas.* . 

Duplicate Sets of Bills : 

Binding of, authorized. 69,70 

Duties of Public Printer . ^ 

Editor of Abridgment of Documents. 77 

Education and Labor, Committee on. Senate: 

Authority granted to, to have certain testimony printed.'... i. 68 

Educ.'vtion, Commissioner of. {See Commissioner of Education.) 


I 













































165 


Emmons, S. F. : 

Report on Geology and Mining Industry of Leadville . 45 

Emfloy^s : 

Appropriation for compensation of.... 85 

Eight hours to constitute a day’s work .j. 20 

Entitled to pay for legal holidays. 20 

Legal holidays allowed. 20 

No additional pay for holidays to, receiving annual salaries. 20 

None but skilled in their several branches, tb be employed. 20 

Public Printer to report number of, to Congress. 10 

Rates of wages. 19 

Engraving, Lithographing, &c. : 

Appropriation for, for Congress, &c. 85 

Estimates for, to be furnished Register of the Treasury. 7 

For Congress, shall be procured by Public Printer. 17 

For Medical and Surgical History of the Rebellion.. . 50 

For Patent Office specifications. 83 

Immediate contracts for, may be made,when. 18 

Of maps of the several States and Territories... 18 

Samples of paper for, to be preserved. 18 

When to be advertised for. 17 

Ephemeris, American. (See Nautical Almanac.) 

Entomological Commission : 

Reports of. 59 

Report of the, on the Cotton-worm. 59 

Ethnology : 

Second and third annual reports of the Bureau of. 64 

Volumes II, VI, VII, VIII, and IX, North American. 48 

Estimates : 

By Public Printer for Register of the Treasury.... 7 

Detailed, to be submitted to Congress by Public Printer. 7 

For paper to be submitted to Congress. 14 

For public service to be submitted to Secretary of Treasury by heads of 

Executive Departments. 7 

Of material to be made by Foremen of Printing and Binding. 12 

To be furnished Departments for work. 7 

To be submitted to Congress through Secretary of Treasury'. 7 

Eulogies: 

On the death of Hon. Robert M. A. Hawk. 56 

On the death of Hon, Benjamin H. Hill. 55 

On the death of Hon. William M, Lowe. 55 

On the death of Hon. Michael P. O’Connor. 54 

On the death of Hon. Godlove S. Orth. 56 

On the death of Hon. John W. Shackelford. 57 

On the death of Hon. Jonathan T. Updegraff. 56 

Exchange in Foreign Countries: 

Copies of documents printed for . 27 

Executive Departments: 

Form and style of printing and binding. 6,24 

Only limited number of annual reports of heads of, to be printed. 25 

Report of Board on behalf of, at Centennial. 63 

Exigency Case: 

Decision of First Comptroller of the Treasury. 134 

Extra Copies: 

Costing over $500 shall be ordered by concurrent resolution ...,. 78 

Moneys received from sale of, shall be deposited in Treasury. 8 














































I 


' 166 

Page. 

Bxtka Copies—C ontinued. 

Motions to print, of bills, &c., to be referred to Committee on Printing.. 78 

Of documents, extract from opinion of Judge Wylie. 8 

Propositions to print, of documents. 7^ 

Sale of, of documents. 8 

(Extra Services: 

No allowance or compensation for, unless authorized by law. 22 

Extr.a Work : 

Extra prices to be paid for, when. 20 

Extracts; 

Extracts from Congressional Record may be printed. 26 

From Opinions of Attorneys-General. 93 

From the Decisions of the First Comptroller of the Treasury. 99 

From the Rules of the House of Representatives. 88 

From the Rules of the Senate. 87 

Expenditures : 

Of balances of appropriations. 9 

Of Departments of the Government limited. 8 

Fire-Escapes, etc. 

To be erected at Government Printing Office. 74,75 

F ire-Extinguishers : 

Portable, for Government Printing Office. 74;.75 

Fish and Fisheries: 

Food fishes and fisheries of the United States. 52 

New observations, discoveries, &c. 52 

' Report of the Commissioner of, for 1879. 51 

Report of the Commissioner of, for 1880. 51 

Report of the Commissioner of, for 1881. 51 

Report of the Commissioner of, for 1882. 51 

Report on,Tenth Census. 53 

Sale of copies of Report of Commissioner of, for 1882. 51 

Reprint of first fiv'e volumes of report of. 52 

Fl.\gs of Maritime Nations: 

Publication of, authorized. 68 

Flora : 

Of Virginia. 45 

Cretaceous and Tertiary. 47 

Fontaine, Prof. William M.: 

Report on Older Mezoic Flora of Virginia. 45 

Food Fishes and Fisheries: 

Report upon, of the United States. . 52 

Foreign Affairs: 

Number of copies to be printed of papers relating to . 28 

Foremen of Printing and Binding; 

By whom appointed. ig 

Monthly statements of. ig 

Salary of. ig 

To file written requisitions for material. 13 

To have no interest in any newspaper, periodical, &c.. . 6 

To make out estimates for material. 12 

Forestry, Commissioner of: 

Third annual report of the. 33 

Fossil Insects of Western Territories: 

Report on, by S. H. Scudder. .j 









































167 


FUEL. (See Coal and Wood.) 

Garfield, James A.: 

Memorial address on the life and character of. 54,55 

Memorial cards. 55 

Gatschet, a. S. : 

Language of the Klamath tribes of Oregon. 49 

General Land Office: 

Appropriation for rebinding tract-books of. 85 

Maps of the several States and Territories. i8 

Geografhic.'VL Report: 

Surveys west of looth Meridian. 44 

Geographical Surveys. (See Hayden’s Survey; Powell’s Survey; Surveys 
West of looth Meridian.) 

Geological Surveys: 

Annual reports of, for sale by Public Printer. 44 

Publications of the. 44 

Style of publications of the. 44 

(See also Hayden’s Surveys; Powell’s Surveys; Surveys West of looth 
Meridian.) 

Geology : 

Of Comstock Lode and Washoe District. 4 

Of the Eureka Mining District. . 45 

Report on, and Mining Industry of Leadville. 45 

Gifts: 

To superiors prohibited ...__'... 23 

Gilbert, G. K. : 

Report on Lake Bonneville.... 45 

Globe. (Sec Congressional Globe.) 

Goat, Angora, Husbandry of the: 

Publication of pamphlet on, authorized... 59 

Government Printing Office: 

Additions to the. 73 

All printing and binding shall be done at the. 24 

Authorizing purchase of lot adjoining. 73 

Building in rear of Globe office. 76 

Estimates for support of. 7 

Fire-escapes for the. . 74,75 

Material for, to be purchased by Public Printer... 12 

Portable fire extinguishers for the.. 74,75 

Public Printer authorized to contract for erection, &c,, of a building for. 72,73 

Quarterly reports of printing and binding in, to be made. 9 

Supplies for, may be purchased in open market, when. 12,14 

Water-mains, &c., for the protection of, from fire. . 75 

Government Publications: 

Preparing and printing Catalogue o?. 62 

Government Telegraph Lines: 

Detail of operators for. 75 

For exclusive use of public officials. 75 

In Washington. 75 

Grammar. (See Language.) 

Hague, Arnold: 

Report on Geology of Eureka Mining District. 45 

Hall’s Second Arctic Expedition: 

Narrative of.. 72 





































lo8 

Page. 

Hawk, Robert M. A.: 

Eulogies on the death of. 5^ 

Hayden’s Surveys: 

Annual report, Geological and Geographical Surveys, tor 1878. 46 

Atlas of Colorado. . 47 

Final reports of, Vols. Ill, IV, VIII, XII, XIII, and XIV. 46 

Publications of. 47 

Heads of Departments: 

To certify that printing is necessary. 7 

Health Officer : 

Report of the, of the District of Columbia. 66 

Hill, Benjamin H.: 

Eulogies on the death of... 55 

Hoen & Co.: 

Decision of First Comptroller of the Treasury. 134 

Holidays : 

Days declared to be legal. 20 

Decisions of First Comptroller of the Treasury. 99 H 05 

Employes in Government Printing Office entitled to pay for. 20 

Husbandry of the Angora Goat: 

Publication of pamphlet on, authorized. 59 

Hydrographic Office: 

To prepare for publication maps, &c., relating to navigation. 84 

Index: 

Semi-monthly, to Congressional Record. 38177 

To Abridgment of Documents.’... 77 

Indian Department: 

Tabular statement of expenditures of. 83 

Insects: 

Fossil of Western Territories .. 48 

Special report on, affecting orange trees, to be printed . 58 

Inspector of Coal and Wood. {See Coal and Wood.) 

Interior Department: 

Appropriation for printing and binding for. 85 

Iron of the United States: 

Report on, by Prof. R. Pumpelly. 45 

Irving, Prof. R. D.: 

Report on Copper-bearing Rocks of Lake Superior. 45 

Joint Committee on Printing: 

Appointment of. 77 

Appointment by, of editor of abridgment.‘. 77 

Authorized to have issued semi-monthly index to Congressional Record. 38,77 

Congressional Directory to be compiled under direction of. 77 

Debates of Congress to be printed umier direction of. 37,77 

May authorize immediate contracts for lithographing or engraving, when. 17,18 
May authorize Public Printer to purchase material in open market, when. , 12 

May authorize purchase of oaoer in onen market, when. 16 

Proposals to furnish paper to be opened in presence of. 15 

To determine matters of difference between Public Printer and con¬ 
tractors . 16 

To fix standard of paper. 15 

Power or, to remedy neglect or delay, &c., in the public printing. 77 

To prescribe regulations for sale of Report of Commissioner of Fish and 
Fisheries. 51 




































169 


Journals: ^ 

Distribution of the. 

House and Senate, number of copies of. 29 

Of the Senate and House, to be sent to Soldiers’ Homes. ,. 2<; 

Klamath Tribes of Oregon. {See Language.) 

Language: 

Interlinear and free translations of the, of the ^egihas. ^c, 

Dictionary of the, of the Klamath tribes of Oregon. 

Grammar and Dictionary of the, of the Dakota Indians. 49 

Laws : 

Copies of, to be printed.. 30 

Number of copies to be printed.• 33 

To be stereotyped and printed for sale. 32 

{See also Acts and Joint Resolutions; Statutes; Statutes at Large.) 

Legal Holidays: 

Certain days declared to be. 20 

Payment of w'ages to certain employes for. «... 20 

Lesquereux, Professor: 

Reports by . 47 

Library of Congress: 

Appropriation for printing and binding for. 85 

Appropriation for printing catalogue of. 6 

Copies to be printed for. 27 

Lieutenant Siillivan’s Report: 

Authorizing the publication of, on interoceanic communication. 68 

Lithographing. (See Engraving, Lithographing, &c.) ^ 

Lord, Elliot: 

Report on Comstock Mining and Miners. 45 

Lowe, William M.: 

Eulogies on the death of. 55 

Manual for Army Cooks: 

Appropriation for printing. 69 

Manufactures and Mechanics: 

Report on. Tenth Census. 53 

Maps. {See Engraving, Lithographing, &c.) 

Material: , 

Certain, to be inspected. 13 

Contracts for certain, to be deposited with First Comptroller of the 

Treasury, when. 14 

Estimates for, to be furnished Register of the Treasury. 7 

Limiting amount purchased in open market. 12 

No, to be purchased unless authorized by law. 14 

Parties proposing to furnish, to be notified when and where bids will he 

opened. 14 

Public Printer shall charge himself with all, received for public use. 12 

• Public Printer to prepare schedules and invite proposals. 12 

The Public Printer authorized to remove certain. 75 

The Public Printer to purchase. 12 

To be compared with standard of quality. 15 

Voucher for, to be accompanied by certificate, &c... 13 

What, may be purchased without advertisement. 12 

Used in printing or binding for Departments to be determined by Public 

Printer. 6 

Mammals: 

Report on, by Coues and Allen. 48 






































170 


Page. 

Marsh, Prof. O. C.: 

Reports by. 45 

Medical and Surgical History of the Rebellion: 

Publication of, authorized. 49 ) 5 o 

Me.morial Address: 

On the life and character of James A. Garfield. 54.55 

Messenger’s Case: 

Decision of First Comptroller of the Treasury. 102 

Metals: 

Report on lesser, and general mining resources. 45 

Minors, Pay of: 

Decision of First Comptroller of the Treasury.r. 103 

Mint, Director of the: 

Report of the. 68 

Morgan, Hon. E. D.: 

Letter from. 91 

N. arrative ; 

Of Hall’s Second Arctic Expedition, copies of the. 72 

Of the Polaris Expedition, when may be. 71 

National Board of Health: 

Printing for. 67 

National Loan: 

History of, Tenth Census. 53 

N AUTICAL Alman.ac : 

Copies to be printed for sale, &c. 60 

Number of copies to be printed annually. 60 

Opinion of Attorney-General. 96 

Navy Department: 

Appropriation for printing and binding for . 85 

O. ATH OF Office: 

By whom administered. 22 

Form of. 21 

For persons ineligible under the fourteenth amendment. 21 

To be preserved. 22 

Observations of the Tr.ansit of Venus. 67 

O’Connor, Michael P.: 

Eulogies on the death of. 54 

Official Business: 

Free of postage...' ii 

Official Records War of the Rebellion. {See Rebellion Records.) 

Opinions of Attorneys-General : 

Departmental printing and binding. 95 

Distribution of. 60 

Form and style of. 59 

Nautical Almanac.. 96 

Printing drawings of patents. 93 

Publication of, authorized. * 59 

Orth, Godlove S. : 

Eulogies on the death of. 56 

Paper: 

Amount consumed to be reported annually to Secretary of the Interior.. 17 

Annual report to be made of amount consumed. 9,10 

Appropriation for, for the public printing. 85 

A true account to be kept of all, received. 9 

Contracts for furnishing, how awarded. 15 







































171 


Paper—C ontinued, 

Defaulting contractors and securities to be prosecuted. i6 

Estimates for, to be submitted to Congress. 14 

Every lot furnished to be compared with standard of quality. 15 

How contracts shall be made in event of default of original contractor... 16 

Matters of difference on, determined by Joint Committee on Printing... 16 

May be purchased in open market, when..-. 16 

Proposals for furnishing to be advertised for. 15 

Proposals to furnish, opened in presence of Joint Committee on Printing.. 15 

Responsibilities of contractors and their securities. 16 

When contracts for furnishing, shall be valid. 15 

Patents, Commissioner of. (See Commissioner of Patents.) 

Patent Office: 

Binding for library of the.. 24 

Printing and binding for. 10 

Printing drawings of patents required by the. 93 

Style of binding for the library of the. 6,24 

Penalties: 

P'or neglecting to make reports. 10 

For using official business envelopes. ii 

For violation of law concerning political contributions. 22 

Polaris Expedition: 

Narrative of the, when may be printed.. ^. 71 

Political Contributions : 

Penalty for violation of law concerning. 22 

Requesting, prohibited. 22 

Population : « 

Report on. Tenth Census..‘.. 53 

Postal Conventions: 

Copies of, to be printed. 79 

Printing of. 29 

Postmaster-General: 

Annual reports of. 79>89 

Expenses necessary for the transaction of money-order business. 80 

To advertise for bids for furnishing blanks, &c. 80 

Post-Office Department: 

Appropriation for printing and binding for. 85 

Powell’s Surveys: < 

Contributions to North American Ethnology, Vols. II, VI, VII, VIII, 

IX, and X. 48 

Geological and Geographical Survey of Rocky Mountain Region. 48 

Publications of.. 48 

{See also Ethnology, Bureau of.) 

Powers Of Public Printer. 4.5 

President’s Message: 

To be delivered to each House of Congress. 25 

To be sent to Soldiers’ Homes. 25 

Printer. (See Public Printer.) 

Printers: 

Pay of. 20 

Printer’s Case: 

Decision of First Comptroller of the Treasury. 107 

Printing and Binding: 

Appropriation for. 85 

Departmental, opinion of the Attorney-General. 95 









































I 

172 

Page. 

Printing and Binding—C ontinued. 

Form and style of, for Departments, &c. . ^>24 

None to be executed unless authorized by law. 23 

Quarterly reports of, to be made by Public Printer. 9 

Shall be done at the Government Printing Office . 24 

Written requisitions for, required. 23 

Printing Drawings of Patents: 

Opinion of the Attorney-General . 93 

Printing for Private Parties: 

When to be done. 26,27 

Proposals for Supplies: 

Bidders to be notified of time and place of opening. 14 

Publications : 

Commissioner of Fish and Fisheries.. 52 

Geological Survey. 45 <46 

Of Hayden’s Surveys. 47 

Of Powell’s Surveys. 48 

Of Survey west of looth Meridian. 44 

Preparing and printing Catalogue of Government. 62 

Rebellion Records.. 41 >43 

Public Buildings: 

Restricting expenditures on. 14 

Public Documents: 

Definition of term of. 

To be bound for Senators and Members. 23 

To be delivered to the Secretary of the Interior. 25 

Public Printer* 

Accountable for public material. 12 

Account of receipts and disbursements of, how settled. 8 

Additions to Government Printing Office.*.. 72,73 

Advances of money to. J . 8 

Annual Reports of the Geological Surveys for sale by. 44 

Appropriation for compensation of. 84 

Authorized to furnish Congressional Record to certain officials. 37 

Authorized to pay extra prices for work, when... 20 

'Authorized to procure storage room for certain property. 75 

Authorized to remove certain property from Government Printing Office. 75,86 

Bond of, to be approved by Secretary of the Interior. 4,5 

By whom appointed. 4,5 

Clerks of. 19 

Contingent expenses office of, appropriation for. 84 

Contractors for lithographing, &c., to be paid only on certificate of. 18 

Duties of. 5 

Employes of. 19 

Foremen of Printing and Binding to be appointed by. 19 

Forms and style of work for Departments to be determined by. 6 

Lithographing, &c., for Patent-Office work, when. 83 

May contract for lithographing, maps, &c., when. 18 

May make immediate contracts for engraving, when.... 18 

May print extracts from Congressional Record for Senators and Members. 26 

May purchase in open market, when.,. 17,16 

Monthly statements to, by Foremen of Printing and Binding. 19 

Must be a practical printer. 4,5 

Not to employ more hands than necessary. 19 

Penalties for defrauding United States. 6 


















































173 


Public Printer—C ontinued. 

Powers of. ^^5 

Price to be paid by, to printers and bookbinders. 20 

Printed books and documents, where to be delivered. 25 

Quarterly report by, of purchases made. 9 

Report by, to Congress of condition of printing and binding. 10 

Report of Commissioner of h'ish and Fisheries for sale by... 51 

Report on Food Fishes and Fisheries, for sale by. 52 

Salary of. 5 

Settlement of accounts of receipts and expenditures. 8 

Shall advertise for bids for lithographing and engraving. i8 

Shall preserve samples of paper for engravings, &c. 18 

Shall print only limited number of annual reports. 25 

Shall report default of contractors to Joint Committee on Printing. 16 

Terms on which documents shall be furnished private parties. 26 

Title of. 4,5 

, To accept private proposals for printing maps for Census Reports, when. 17 

To advertise for bids for lithographing or engraving. 17 

To advertise for proposals for furnishing paper. 15 

To bind books, maps, &c., for Senators and Members... . 27 

To bind Compendium of Tenth Census in two volumes. 54 

To bind duplicate sets of bills... 69,70 

To compare paper with standard of quality. 15 

To deliver public documents to Secretary of the Interior. 25 

To deposit in Treasury moneys received from sale of extra copies. 8 

To determine the forms and style of work to be done for Departments .. 24 

To employ only skilled workmen. 20 

To forward Congressional Record to State and Territorial libraiies. 38 

To furnish certain documents to Secretary of Senate and Clerk of House 26 

To furnish Congressional Record for distribution to Soldiers’ Homes.... 38 

To furnish estimates to Departments for work required to be done. 7 

To furnish samples of paper to applicants. 15 

To have no interest in any newspaper or periodical, &c. 6 

To keep account of paper received from contractors. 16 

To keep account of paper used. 17 

To keep account of printing and binding for Patent Office. 10 

To keep a true account of all paper received. 9,10 

To make annual report of amount of paper consumed. 9,10 

To open accounts with Departments. 7 

To procure engravings of charts, &c. 17 

To publish Congressional debates. 77 

To publish amounts expended on account of Congressional Record. 10 

To purchase material. 12 

To render quarterly reports of purchases. 9 

To report annually to Secretary of the Interior amount of paper consumed 17 

To submit bids for furnishing blanks, &c., to Post-Office Department... 80 

To submit detailed estimates to Congress. 7 

To submit estimates to Congress through Secretary of the Treasury. 7 

When work at night may be required. 20 

Public Printing: 

Acts relating to. 72 

Power of Joint Committee on Printing to remedy neglect or delay in the. 77 
Public Printing Office. (See Government Printing Office.) 

PuM FELLY, Prof. R. : 

Reports by. 45 















































174 


Page. 

Questions of Order: 

Journal clerk of the House to compile, &c. 69 

Publication of, authorized. 69 

Rebellion Records: 

Appropriation for printing the. 39 

Distribution of printed copies of. 39 

Number to be printed. 39 

Sale of printed copies of. 40)43 

Record, Congressional Record; Rebellion Records.) 

Reflooring: 

Appropriation for. 86 

Register. (6V.? Biennial Register; Volunteer Army Register.) 

Repairs: 

Appropriation for. 86 

Reports: 

Agriculture, Tenth Census, on. 53 

Annual, of Departments to be furnished each House of Congress. 24 

Annual, only limited numbers to be printed.. 25 

Bibliography of Economic Entomology, special, on. 58 

Census, Tenth. 53 >86 

Centennial Exhibition, of board, on behalf of Executive Departments .. 63 

Chief of Bureau of Statistics, annual, of.. 81 

Chief of Bureau of Statistics, monthly, of. 81 

Chief Signal Officer for 1881. 65 

Coal of the United States. 45 

Coast and Geodetic Survey.-..’. 65 

Commissioner of Agriculture, annual, of, for i88i-’82 and 1883.57)85,86 

Commissioner of Education for 1881. 64 

Commissioner of Fish and Fisheries, 1879-1882. 5i)52 

Commissioner of Forestry. . 58 

Comstock Mining and Miners ... 45 

Consular and other commercial. 66 

Copper-bearing Rocks of Lake Superior. 45 

Cotton-worm, on. 59, 

Cretaceous and Tertiary Flora. 47 

Dinocerata, on. 45 

Director of the Mint. 68 

Entomological Commission. 59 

Ethnology, Bureau of. 64 

Fish and Fisheries, Tenth Census... 53 

Food fishes and fisheries of the United States. 52- 

Geographical Surveys west of looth Meridian. 44 

(See Geological Surveys.) 

Geology and mining industry of Leadville .. 45, 

Geology of Comstock Lode. 45, 

Geology of Eureka Mining District. 45, 

Health officer of the District of Columbia. 66 

Hilgard, Julius E., on Coast and Geodetic Survey. 65, 

Insects affecting orange trees, special, on. 58. 

Interoceanic communication. 68 

Iron of the United States. 45 

Lake Bonneville. 45 

Lesser metals and general mining resources. 45 

-Mammals, on. 48 

Manufactures and Mechanics, Tenth Census, on. r. 


















































175 


Reports—C ontinued. 

Older Mesozoic Flora of Virginia. 43 

Paper consumed, annual, of Public Printer. 

Penalties for neglecting to make. 10 

Population, Tenth Census. 53 

Postmaster-General, annual, of. 79,80 

Printing and binding, quarterly, of. g 

Printing and binding, to Congress of condition of. . 10 

Public Printer, annual, of. g^io 

I’urchases made, quarterly, to Secretary of Treasury of. ^ 

Restrictions on bureau officers relating to printing of. 78 

Sauropoda, on. 45 

Smithsonian Institution. 64 

Sorghum sugar industry, on. 58 

Stegosauria, on . 45 

Transit of Venus, Observations on the. 67 

\'ertebrata of the Mesozoic Formations of the Western Territories. 47 

Report of the Tenth Census, {Sec Census, Tenth.) 

Revised Statutes: 

New edition of, how' distributed. 33 

New edition of the first volume to be prepared and printed. 33 

Number of copies of new edition. 33 

To be prepared for printing, &c., under direction of Secretary of State .. 30 

Riggs, S. R. : 

Language of the Dakota Indians. 49 

Rules of the House of Representatives: 

Extracts from the. 88 

Rules of the Senate: 

Extracts from the. 87 

Salaries : 

Estimates of, to be furnished Register of the Treasury. 7 . 

Of chief clerk. 19 

Of clerks. vj 

Of Foremen of Printing and Binding. 19 

Of Public Printer. 5 

Sale of Extra Copies of Documents, etc. : 

Money from, shall be deposited. ,8 

Sauropoda: 

Report on, by Prof, O, C. Marsh. 45 

SCUDDER, S. H. : 

Report by.v. 48 

Secretary of the Interior: 

Charged with the safe-keeping, &c., of documents... 82 

May authorize purchase of paper in open market. 16 

Public documents to be delivered to. 25 

Secretary of the Navy: 

Authority to purchase plates and copyrights of maps, &c. 84 

Authority to sell maps, &c. 84 

Moneys received from sale of maps, &c. 84 

To have published maps, &c., relating to navigation. 84 

Secretary of the Treasury: 

Report of Chief of Bureau of Statistics to be printed. 81 

Public Printer to render quarterly reports to, of purchases made. .9 

To furnish Public Printer statement of exports and imports. 61 










































Page. 


17f) 


Secretary of St.\te : 

To have edited, &c., the session laws, Statutes at Large. 

To have prepared for printing, &c , the Revised Statutes. 

To furnish correct copies of acts, &c., to Public Printer. 

Secretary of War: 

Authorized to publish Volunteer Army Register. 

Semi-monthly Index to Congressional Record: 

How distributed. 

Number of copies of, to be printed. 

Settlement of Account.s. {See Public Printer.) 

Shackelford, John W.: 

Eulogies on the death of. 

S.mithsonian Institution: 

Annual report of, for i88i... 

Annual report of, for 1882. 

Reports of the Bureau of Ethnology of. 

Societies of THE Red Cross: 

Appropriation for printing information concerning. 

Soldiers’ Homes: 

Congressional Record to be sent to. 

Journals of each house to be sent to... 

Solicitor of the Treasury : 

Shall prosecute defaulting contractors. 

Sorghum Sugar: 

Report of National Academy of Sciences on, to be printed .. 

Spofford,a. R. : 

Letters from. 

State Department: 

Appropriation for printing and binding for. 

Style of binding for the library of the. 

Statutes : 

Manner of distribution.. 

Number of copies of, to be printed for distribution. 

Statutes at Large : 

Copies to be distributed. 

Manner of distribution. 

Printing and binding of. 

Style of Binding for Departments : 

To be determined by Public Printer. . 

Stegos.auria : 

Report on, by Prof. O. C. Marsh. 

Superintendent of Public Printing. {See Public Printer.) 

Supplement to Revised Statutes: 

Manner of distribution. 

Number of copies to be printed. 

To be stereotyped.T. 

Supreme Court: 

Of the District of Columbia, appropriation for printing and binding for .. 

Of the United States, appropriation for printing and binding for. 

Surgeon-General’s Office: 

Appropriation for printing the catalogue of the library of. 

Catalogue of library of, to be printed. 

Style of binding for the library of the. 


30.31 

30 

79 

70,71 

38,77 

38,77 


57 

64 

64 

64 

67 

25,38 

25,38 

16 

58 
91,92 

85 

6,24 


30 

30 

31 
31,32 
29,30 

6,24 

45 


35 

35 

35 

85 

85 

85 

61 

24 



































177 


Surveys. {See Coast and Geodetic Survey; Geological Surveys; Hayden’s 
Surveys; Po'well’s Surveys; Surveys West of looth Meridian.) 
Surveys West of iooth Meridian: 

Appropriation for printing the report of. 

Distribution of the printed report of. 

publications of. 

Telegraph Lines. Government Telegraph Lines.) 

Telephone Line : 

Connecting the Capitol and Government Printing Office. 

Tenth Census. (See Census, Tenth.) 

Title of Public Printer. 

Tract Books: 

Aopropriation for rebinding, of General Land Office . 

Transit of Venus: 

Observations of the.. 

Treasury Department: 

Appropriation for printing and binding for. 

Binding registered bonds and written records at the. 

Updegraff, Jonathan T.: 

Eulogies on the death of. 

Vertebrata: 

Of the Mezoic Formations of the Western Territories. 

Volunteer Army Register: 

Publication of, authorized. 

Wages: 

Estimates of, to be furnished Register of the Treasury. 

War Department: 

Appropriation for printing and binding for. 

War of the Rebellion : 

Official records of the. 

Water-Closets : 

Appropriation for... 

Water-Mains : 

Appropriation for the laying of. 

Wheeler’s Survey. (See Surv'eys West of iooth Meridian.) 

Williamson, J. P. : 

Language of the Dakota Indians. 

Wood. (See Coal and Wood.) 

Work : 

After midnight; at night; in emergencies; on legal holidays; on Sundays. 
ZoSlogy: 

Hayden’s Quarto Volume XIV. 

862 p P-12 


Page. 


32 

43.44 

44 


76 


\ 


4,5 

85 

67 

85 

82 

56 

47 

70,71 

7 

85 

39 

86 

75 

49 


20 

47 


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